REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BOMET CRIMINAL REVISION NO. 9 OF 2016 REPUBLIC...............................APPLICANT/PROSECUTOR -VERSUSCAREN 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
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