The High Court on Wednesday overturned a two-year jail term that had been imposed on former nominated senator Joy Gwendo.
Judge John Onyiego ordered Ms Gwendo to be sentenced afresh indicating the trial court was mistaken in sentencing her to jail without the option of a fine.
“Sentencing is a discretion of the trial court but the sentencing imposed should not be illegal,” he stated.
He added the High Court had powers to review the sentencing, therefore, she will be sentenced on March 4, 2019.
On December 7, 2018, Judge Douglas Ogoti found Gwendo guilty of abuse of office and fraud, giving her a two-year jail term.
The accused had been charged with five counts including abuse of office, issuing bad cheques and stealing.
Gwendo agreed to pay the money in four installments.
She pleaded guilty to abuse of office but the state dropped charges of issuing bad cheques and stealing.
The court denied her the right to appeal stating it had considered the mitigation.
“It is noteworthy that she executed a plea bargaining agreement yet she was sure she could not honour the same. She was hoodwinking the court and therefore lied to the court,” the judge ruled.
