BY SAM ALFAN.
High Court has released jailed former nominated senator Joy Gwendo on a cash bail of 400,000 pending hearing and determination of her revision application.
This is after she deposited bankers cheques of 1.731,732 million in the account of Kisumu East Cotton Cooperative Society as ordered by the court yesterday.
High Court criminal division judge Grace Ngenye Macharia released Gwendo pending revision application.
“I order that the applicant to be released from custody upon payment of a cash bail of 400,000 pending hearing and determination of the revision application,” ordered judge.
Gwendo filed an application in the high court seeking to vacate orders by the trial court.
Gwendo urged the court to reverse or vacate decision rendered by Nairobi Anti-Corruption Chief Magistrate Douglas Ogoti sentencing her to serve two year imprisonment.
She also applied the court to direct release of the prisoner upon depositing with the court the bankers cheques for Kshs. 1.731,732 million .
The former nominated senator also sought to be admitted on bail pending full revision.
Her lawyers submitted a cheque of 1.731,732 million in court which justice Grace Ngenye Macharia yesterday directed it to be deposited in the account of Kisumu East Cotton Cooperative Society and return to court to hear other issues.
Gwendo was produced in court by officers from Langata Prison and later escorted to Milimani law court basement cells.
On December 7 this Gwendo was sentenced to serve for two years imprisonment without the option of fine on account for failing to pay 1,731,732 million being compensation to the Kisumu East Cotton Cooperative Society.
On 10 December ,Gwendo approached the trial court in a bid to secure a mention date to facilitate payment of compensation an attempt that failed.
She claim that the trial Court directive amounts to a total failure of justice as it failed to consider the material fact that payment was tendered in terms of plea bargaining arrangement.
She further claims the amount in question was sacco deposits by Kisumu East Cotton Cooperative Society members who stand to suffer irreparable prejudice of being kept out of their money any further especially in the circumstances where full compensate is offered.
Joy Gwendo brother Biko Gwendo swore a supporting affidavit.
