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Original judgment

Republic v Gwendo (Anti-Corruption Case 1 of 2018) [2018] KEMC 92 (KLR)

Republic v Gwendo (Anti-Corruption Case 1 of 2018) [2018] KEMC 92 (KLR) (21 September 2018) (Ruling) Republic v Joy Adhiambo Gwendo [2018] eKLR Neutral citation: [2018] KEMC 92 (KLR) REPUBLIC OF KENYA IN THE ANTI-CORRUPTION MAGISTRATE'S COURT ANTI-CORRUPTION CASE 1 OF 2018 DN OGOTI, CM SEPTEMBER 21, 2018 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JOY ADHIAMBO GWENDO ...................................................................... ACCUSED RULING 1. On 26th July, 2018 the court was moved to adopt and adopted the plea agreement between the state and the accuse. Immediately thereafter counsel for accused made an application for deferment of plea to the 3 remaining counts to be done at the tail end of the last installment in order to give the accused a chance to clear the installements that in any case they expected sentence to follow. The prosecution was of the opinion that taking plea was part of the plea agreement as much as compensation was no prejudice would be caused on accused in any case plea is taken. 2. I have considered arguments from both sides on either or not to defer plea pending the satisfaction of the plea agreement filed and adopted by the court on 26th July, 2018. The plea agreement is not binding on the court. However once it has been adopted by the court it is binding on the parties. I direct that plea be taken and sentence will be suspended to a date to be given at the end of today's proceedings. D.N. OGOTI [MR] CHIEF MAGISTRATE 6. 8.2018 https://new.kenyalaw.org/akn/ke/judgment/kemc/2018/92/eng@2018-09-21 1

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