Conviction & Appeal

Conviction and appeal

  1. Upon conviction of the trial you have a right to appeal to a higher court within 14 days.
  2. The court should inform you of this right.
  3. You have a right to apply to the court for proceedings immediately after your conviction in order to facilitate your preparation of an appeal.
  4. Complainants may consult the state counsel to appeal if they are dissatisfied by an acquittal of the accused person.
  5. You cannot be not to be convicted for an act or omission that was not an offence in Kenya; or a crime under international law at the time it was committed
  6. You have a right not to be tried again for an act/omission in relation to which you have been previously convicted or acquitted.
  7. You can also petition the High Court for a retrial if did you not appeal within the time allowed for appeal or after your appeal has been dismissed by the highest court to which the person is entitled to appeal, or the person. However, this option is only available if new and compelling evidence in favour of your acquittal has become available.
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