Republic v Caren Cherotich Langat [2017] KEHC 779 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BOMET

CRIMINAL REVISION NO. 9 OF 2016

REPUBLIC...............................APPLICANT/PROSECUTOR

-VERSUS-

CAREN CHEROTICH LANGAT.....................RESPONDENT

RULING

The Respondent was charged and convicted on her own plea  for the offence of  failing to report commission Of an offence C/S 24 as read with S.29 of the prohibition of Female Genital Mutilation Act No. 32 of 2011.  She was placed on probations for two years.

S.29 of the Prohibition of Female Genital Mutilation Act provides for a term of not less than three years or  to a fine of not less than two hundred thousand shillings or both”

The sentence is therefore mandatory and the trial magistrate had no discretion.  S.362 of the CPC donates powers to the High Court for revision.

Having found that there was illegality in sentencing, I hereby revise and alter the probation placement and substitute it with a fine of Kshs. 200,000/= in default one year imprisonment.

Ruling  delivered dated and signed in open court this 15/3/2017 in the presence of learned counsel for prosecution Mr. Waweru.  Respondent present in person, Court assistants- Mercy/Rotich.

M. MUYA

JUDGE

15/3/17