How to appeal a criminal conviction or sentence, and the deadline
Constitution of Kenya and Criminal Procedure Code · sources read 2 Oct 2026
If you are convicted, you have the right to appeal to, or ask for review by, a higher court. An appeal from a magistrate's court to the High Court must be entered within 14 days of the sentence or order, though the court can admit a late appeal for good cause.
- Deadline
- 14 days from the date of the sentence or order appealed against.
- Where
- The High Court registry (or the officer in charge of the prison, if you are in prison)
Steps
- File a written petition of appeal with the High Court, with a copy of the judgment or order, signed by you or your advocate, setting out where the magistrate went wrong.
- If you are in prison, give your petition and copies to the officer in charge of the prison, who must send them to the High Court Registrar.
- After entering the appeal, you can ask to be released on bail. If bail is not granted, the court must, at your request, suspend the sentence until the appeal is heard.
Watch out
- The court may accept a late appeal for good cause, and must accept it if the delay was caused by failing to get a copy of the judgment and record in reasonable time.
- If you pleaded guilty and were convicted on that plea, you can appeal only on the extent or legality of the sentence.
- At the hearing you cannot rely on grounds that are not in your petition of appeal, so list them all.
Who this covers
- Every person convicted of an offence.
- A person convicted by a magistrate's (subordinate) court can appeal to the High Court on facts as well as law.
Official sources (2)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Criminal Procedure Code, Cap. 75 (Revised Edition 2015) probation.go.ke · read 2 Oct 2026