<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is a second appeal and can only be on points of law. There is no appeal against conviction and that is obviously correct. The issue was whether the learned judge of the High Court could lawfully enhance the sentence passed by the subordinate court. The offences of which the appellant was convicted of were committed on the 12th July, 1993. In December 1993, the law was changed imposing a severer sentence than that which was in force at the time when the offence was committed. The learned judge, on appeal purported to enhance the sentence to one of ten years imprisonment on the basis that the sentence imposed by the magistrate was unlawful.</p><p class="ql-align-justify">With respect, we think the learned judge was in error. Act No. 11 of 1993 which increased the sentences imposed on firearm offences did not provide that it was to apply retroactively. Mrs. Oduor, for the Republic, relies on the case of PATEL v. REPUBLIC [1968] EA 97, but that case deals with procedural amendments. She concede…</p>