Constitution of Kenya, 2010
(m) to have the assistance of an interpreter without payment
if the accused person cannot understand the language used
at the trial;
(n) not to be convicted for an act or omission that at the time it
was committed or omitted was not—
(i) an offence in Kenya; or
(ii) a crime under international law;
(o) not to be tried for an offence in respect of an act or omission
for which the accused person has previously been either
acquitted or convicted;
(p) to the benefit of the least severe of the prescribed punishments
for an offence, if the prescribed punishment for the offence
has been changed between the time that the offence was
committed and the time of sentencing; and
(q) if convicted, to appeal to, or apply for review by, a higher
court as prescribed by law.
(3) If this Article requires information to be given to a person, the
information shall be given in language that the person understands.
(4) Evidence obtained in a manner that violates any right or
fundamental freedom in the Bill of Rights shall be excluded if the
admission of that evidence would render the trial unfair, or would
otherwise be detrimental to the administration of justice.
(5) An accused person—
(a) charged with an offence, other than an offence that the
court may try by summary procedures, is entitled during the
trial to a copy of the record of the proceedings of the trial
on request; and
(b) has the right to a copy of the record of the proceedings within
a reasonable period after they are concluded, in return for a
reasonable fee as prescribed by law.
(6) A person who is convicted of a criminal offence may petition
the High Court for a new trial if––
(a) the person’s appeal, if any, has been dismissed by the highest
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