CONTEMPT OF COURT KENYA
Contempt of court in Kenya is a legal mechanism to uphold the authority and dignity of the judiciary. It is addressed under the Contempt of Court Act, Cap. 8F. There are two main types of contempt:
Civil Contempt: This involves willful disobedience of any judgment, decree, direction, order, or other process of a court. It also includes willful breach of an undertaking given to a court.
Criminal Contempt: This involves the publication of any matter or the doing of any act that scandalizes or tends to scandalize, or lowers or tends to lower the judicial authority or dignity of the court.
A recent case involves two Presbyterian Church of East Africa (PCEA) clerics who are set to appear in court on November 26, 2024, for allegedly defying a court order restraining them from installing a church elder as Honorary Treasurer.
Another case study involves the previous acting Inspector General of Police Gilbert Masengeli who was sentenced to six months in prison for contempt of court. The High Court Judge Lawrence Mugambi handed down the sentence on September 13, 2024. Masengeli was found guilty of failing to comply with multiple court summons related to the disappearance of three individuals in Kitengela. Despite being ordered to appear in court, Masengeli repeatedly failed to show up and instead sent his deputy, Eliud Lagat, which the court deemed insufficient.
The judge emphasized that impunity and open defiance would not be tolerated and stressed the need for accountability from public officials.
Feel free to ask if you have any more questions or need further details; Apollo Oduor & Associates Advocates; apollooduoradvocates@gmail.com ;
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