Can the High Court review a magistrate's criminal decision (revision)?
Criminal Procedure Code; Constitution of Kenya, 2010 · sources read 4 Oct 2026
The High Court can call for the record of any criminal case in a magistrate's court to check that the findings, sentence or orders are correct, legal and proper, and can change them. It cannot turn an acquittal into a conviction, and a party who could have appealed but did not cannot ask for revision.
- Where
- The High Court (criminal division or the High Court station covering the magistrate's court)
Steps
- Bring the case to the High Court's attention. It can act on a record it calls for, one reported to it, or one that otherwise comes to its knowledge.
- A senior (first class) magistrate's court can also call for the record of a lower magistrate's court and send it to the High Court with remarks.
- Under the Constitution, the High Court supervises magistrates' courts and can make any order needed for the fair administration of justice.
Watch out
- If you could have appealed and did not, the court will not hear a revision brought at your request.
- Revision cannot turn an acquittal into a conviction. On a conviction, the sentence can be increased, but only after the accused has had a chance to be heard.
- No party has a right to be heard in revision, though the judge may choose to hear you.
Who this covers
- Any criminal case decided or heard in a subordinate (magistrate's) court.
Official sources (2)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026