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
Steps
- File a petition for a new trial at the High Court.
- Show the court the new evidence and why it is compelling.
- 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)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026