Controversial former nominated Senator Joy Gwendo is seeking out of court settlement in a corruption case against her.
Anti-corruption court Chief Magistrate heard through her lawyer that she has approached the DPP but is yet to engage EACC whose lead investigator in the case has to be involved in the process.
The magistrate noted that since Gwendo was charged on January 28 2018 and documents in the case exchanged, there has been this intimation of settling the matter out of court.
However, the prosecutor said there are certain conditions set by EACC that have to be met by the accused before they are involved in the negotiations.
Gwendo was arrested by EACC officers and charged Gwendo with five offences; stealing, forgery, issuing bad cheques and abuse of office.
The trial court heard that on 11th April 2018 the DPP wrote to EACC seeking views and comments on the proposed negotiations.
Further, the court heard the EACC was yet to respond to the DPP’s letter but had acknowledged receiving it as per a communiqué dated 18th April 2018, which was presented in court.
According to the penal code, the investigating officer must be involved in the agreement.
Parties have been allowed two weeks to report on the progress of the negotiations. The matter will be mentioned on 18th May 2018.
Charges against her
The former TNA member is accused of stealing Sh 2.2 million from members of Kisumu East Cotton Growers in October and December 2016.
The court heard that on October 23rd 2016 at Chiga Parish in Kisumu East, Kisumu County, she stole Sh2, 226,880 belonging to Kisumu East Cotton Growers Co-operative Society.
She was further charged with forged a cheque No.000072 drawn on Kenya Commercial bank account number 1179132254 of Sh 200,000, purported to be drawn in favour of Kivuli Development Initiative and signed by Willy Kipkorir Bett.
Gwendo faced two other counts of issuing two forged cheques to appease the farmers for Sh 300,000 and Sh 950,000 respectively, at the KICC in December 2016.
Lastly, she faces a count of abuse of office where she is accused of using her position as a state official to confer a benefit of Sh 2 million by conning the farmers.
She denied all charges and was released on released on a bond of Sh 600,000 or a cash bail of Sh300, 000.
The accused is one of the politicians who have had a number of scandals in and outside the office.
She has been accused of being a home wrecker, failing alco-blow tests and was even caught on camera roughing up her Personal Assistant and slapping her for delaying her make-up.
She even dared the poor lady to go to the media or report the matter to the police if she wished, saying she was untouchable.