The High Court had suspended the two year jail term on former nominated senator Joy Gwendo stating that the lower court erred in not giving her a fine alongside her sentence.
Justice John Onyiego said that the High court had power to review sentences and asked that the former legislator be sentenced afresh.
Anti-Corruption Court chief magistrate Douglas Ogoti handed her the sentence after the ex-lawmaker failed to honour a plea bargain she entered with the state to pay a Kisumu sacco Sh1.7 million.
Gwendo had pleaded guilty to three counts of fraud following the plea bargain deal with the DPP.
In the deal, the former legislator agreed to pay the sacco the said cash, being the genesis of the case.
She will be sentenced on Monday, March 4