Covered under Section 362 CPC provides for Review by the HIGH COURT the high court may on its own motion call for and examine the record of any criminal proceedings before a subordinate court for the purpose. Satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of any such subordinate court.
Section 363 CPC provides similar powers to a subordinate court of first class jurisdiction with regards to matters in its jurisdiction it shall where it finds fault forward the records together with comments/remarks to the High Court. if the court is not of first class but notices the mistake they can forward the case to a magistrate of first class.
The powers of reviews allow for the courts to internally correct mistakes without waiting for the accused or the state. it also allows for the High Court to exercise its supervisory powers over the subordinate courts.
Section 363(5) states that when an appeal lies from a finding, sentence or order and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed.
In Kenya parties make applications for the HC to use their review powers as opposed to the HC to review it on its own accord. However it has been held that the High Court will still review its own cases. Uganda v Polasi 1970 EA 638 – the accused was sentenced to an illegal term of imprisonment, he filed and appeal and then withdrew it and was thereby deemed dismissed – the sentence which was subject to confirmation had not been confirmed Dickson J stated that the case has come to this court’s notice in the exercise of its functions. The accused, it would see, was unaware of the illegality of the sentence… once this state of affairs has come to the notice of the High Court…
The court should be able to internally correct illegalities. If a sentence is illegal and if the accused is not aware that they can appeal it is incumbent upon the court to take steps upon such illegality.
If an order cannot be made under revision to the prejudice of the accused unless he has had the opportunity of being heard either personally or by the advocate