Samwel Kiberenge v Republic [2013] eKLR children below eleven years, that discretion is not specifically spelt out by Parliament. … As the law stands, Section 8 (2) [supra] does not allow for substitution of a definite period of imprisonment. it provides for life imprisonment and no more no less. … The issue of sentence in this case is a matter of law as it is the issue as to whether the sentence meted out to the appellant is lawful or not. It is not a question of severity of sentence. It is whether a lawful sentence was awarded. We have jurisdiction to interfere.” [Emphasis supplied] Accordingly, we hold that in accordance with Section 8 (2) of the Sexual Offences Act, the first appellate court made the correct decision by setting aside the unlawful sentence of thirty [30] years imposed by the trial court and substituting it with that lawfully provided for by the Sexual Offences Act, being a mandatory sentence of life imprisonment. In the result, this appeal fails and we find no basis to interfere with the decision of the High Court. Accordingly, we dismiss the appeal in its entirety. Dated and delivered at Eldoret this 16th day of October, 2013. J. W. MWERA --------------------------JUDGE OF APPEAL W. OUKO --------------------------JUDGE OF APPEAL J. MOHAMMED --------------------------JUDGE OF APPEAL I certify that this is a true copy of the original. http://www.kenyalaw.org - Page 7/8