A conviction and sentence are not necessarily the last word. Kenyan law allows a person aggrieved by the outcome of a criminal case to challenge it on appeal , a structured review by a higher court of what happened below. The right exists independently of how strong the case feels; what matters is the record, the grounds and the timetable.
Which court hears a criminal appeal?
It depends on the trial court. Appeals from subordinate courts , the magistrates’ courts , lie to the High Court, and appeals from the High Court’s criminal jurisdiction lie to the Court of Appeal. The routes and requirements are set out in the Criminal Procedure Code. Some appeal routes require leave , the permission of the court , before the appeal can be heard, so the first task is establishing which route applies and whether permission is needed.
What can an appeal be based on?
- errors of law appearing on the face of the record;
- findings of fact the evidence before the trial court did not support;
- procedural irregularities in the conduct of the trial;
- a sentence that was wrong in principle or excessive.
An appeal is a review of the trial, not a second trial. In a first appeal from a magistrates’ court, the High Court can revisit the evidence heard below; in later appeals the review is generally narrower. New evidence is exceptional rather than routine, and the appeal lives or dies on the record as it stands.
What are the time limits?
Strict periods apply to the filing of notices of appeal, counted from the judgment or sentence appealed against. An appeal filed out of time requires the court’s leave, which is sought by application. The practical lesson is to act promptly , the record should be obtained, the grounds assessed and the notice filed while the periods still run.
What can an appeal achieve?
Depending on the outcome, the appellate court may uphold the conviction, set it aside, vary the sentence, or direct a retrial before a different court. No outcome can be promised in advance , the strength of an appeal depends on what the record shows , but a properly prepared appeal ensures the points that matter are actually before the court.
CS Advocates LLP advises on criminal appeals and handles the record, the grounds and the filings; see our practice areas or read more about the firm. Judgments and the Criminal Procedure Code are accessible on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.