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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)
Go to the official site

Steps

  1. 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.
  2. 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.
  3. 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)
  1. Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026

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