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Can you get a new trial if new evidence appears after conviction?

Constitution of Kenya 2010 · sources read 3 Oct 2026

If you were convicted of a crime, you can petition the High Court for a new trial once your appeals are finished (or the time to appeal has passed) and new and compelling evidence has become available.

Where
The High Court
Read the law

Steps

  1. File a petition for a new trial at the High Court.
  2. Show the court the new evidence and why it is compelling.
  3. Ask for a copy of the record of your trial. The law gives you a right to it, for a reasonable fee.

Watch out

  • This is not a second appeal. It is open only after your appeals are done or the time to appeal has run out.
  • Both conditions must be met: the evidence must be new and compelling.

Who this covers

  • Anyone convicted of a criminal offence.
  • Your appeal was dismissed by the highest court you can appeal to, or you did not appeal within the time allowed.
Official sources (1)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026

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