[2017] KEHC 779 (KLR)
The trial magistrate erred in sentencing the respondent to probation for two years for the offence of failing to report commission of an offence under the Prohibition of Female Genital Mutilation Act. Section 29 of the Act prescribes a mandatory minimum sentence of three years imprisonment or a fine of not less than...
Source-derived case information.
- Citation
- [2017] KEHC 779 (KLR)
- Parties
- Applicant: Republic; Respondent: Caren Cherotich Langat
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2016
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised and substituted
- Judges
- GO Shikwe
- Legal Topics
- Female Genital Mutilation, Sentencing Guidelines, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Caren Cherotich Langat
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial magistrate was lawful under the Prohibition of Female Genital Mutilation Act.
- 2 Whether the High Court should revise the sentence to comply with statutory requirements.
Ratio Decidendi
The trial magistrate erred in sentencing the respondent to probation for two years for the offence of failing to report commission of an offence under the Prohibition of Female Genital Mutilation Act. Section 29 of the Act prescribes a mandatory minimum sentence of three years imprisonment or a fine of not less than two hundred thousand shillings or both. The High Court, exercising its revisionary jurisdiction under Section 362 of the Criminal Procedure Code, found the sentence illegal and substituted it with the statutory minimum fine of Kshs. 200,000, with a default sentence of one year imprisonment. The court emphasized that sentencing discretion is ousted where Parliament has imposed...
Court Disposition
sentence revised and substituted
Orders
- The sentence of probation for two years is set aside.
- The respondent is sentenced to pay a fine of Kshs. 200,000 or in default serve one year imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
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