Contempt of Court Act

This Act may be cited as the Contempt of Court Act.

This section lists definitions of terms used in the Act (for example: "Chief Justice", "corporation", "judge", "judicial officer", "Order", "Rules", "State organ", "subordinate court", "superior court").

Objective: uphold the dignity and authority of the court.

Defines contempt of court, including civil contempt (willful disobedience of court judgments, orders or undertakings) and acts that scandalize, lower judicial authority, prejudice or interfere with judicial proceedings, or obstruct the administration of justice.

Jurisdiction of superior Courts: Section punish for contempt of court on the face of the court.

Prohibits assaulting, threatening, intimidating, or willfully insulting a judicial officer or a witness during court attendance or while going to or returning from court.

Contempt of court offences shall be tried summarily and the court must keep a record of the proceedings; proceedings created under other written laws to try contempt must not take away any person's right to a fair trial and fair administrative action.

Proceedings for criminal contempt of court may only be instituted with the consent of the Director of Public Prosecutions, with the leave of the court, or on the motion of a court having jurisdiction to deal with criminal contempt of court.

Persons are strictly liable for contempt when their acts interfere (or tend to interfere) with the course of justice; the rule applies only to publication and intent is irrelevant.

Limitation of scope of strict liability rule

The strict liability rule does not prejudice any defence available at common law to a charge of contempt of court.

A person is not guilty of contempt under the strict liability rule for publishing or distributing matter related to proceedings if, at the time, they did not know or had no reason to believe the proceedings were pending; the person bears the burden of proving any fact establishing this defence.

Publishing a fair and accurate report of judicial proceedings held in open court in good faith is not contempt of court.

A person is not guilty of contempt for publishing fair comment on the merits of a case that has been heard and determined.

Complaint against presiding officers of subordinate courts not contempt

Publication of information about proceedings held in chambers or in camera is not contempt except in certain listed cases.

A publication that is part of a good-faith discussion of public affairs or matters of general public interest is not contempt of court under the strict liability rule when any risk to legal proceedings is merely incidental.

Section 19 prohibits use or publication of recordings of court proceedings except with the leave of the court; the court may grant or refuse leave and may impose reasonable conditions, and may order forfeiture and disposal of recording devices or recordings.

A person is not guilty of contempt of court for refusing to disclose the source of information in a publication they are responsible for, unless the court establishes that disclosure is necessary for the interests of justice, national security, or to prevent disorder crime.

If a court with power allows a name or matter to be withheld from publication in proceedings, the court may issue directions prohibiting publication of that name or matter.

The Act does not change or remove any other valid defence in proceedings for contempt of court merely by its provisions.

A fair comment on the general working of the court, made in good faith, in the public interest and in temperate language, is a defence to contempt of court.

A trial for contempt of court does not constitute double jeopardy.

The High Court has the power to punish contempt of subordinate courts, exercising the same jurisdiction, power and procedure as it does for contempt of the High Court.

Where contempt is in a superior court, cause the person to be informed in writing of the contempt of court with which he or she is charged.

Section 26 allows a superior court to act on criminal contempt on its own motion or on application, allows the High Court to act on references or motions in respect of subordinate courts, and requires every motion or reference under this section to specify the contempt charged.

Prohibits assaulting, threatening, intimidating, or willfully insulting a judge, judicial officer, or a witness during court attendance or while going to or returning from court.

Conviction for contempt of court can result in a fine up to 200,000 shillings, imprisonment up to six months, or both; the court may detain the accused in police custody until rising, may revoke committal orders and discharge offenders, may remit punishment on satisfactory apology, and no court may sentence beyond those limits; for civil contempt the court may order detention in civil jail up to six months if fine is insufficient.

If a company is guilty of contempt of court over an undertaking, persons in charge of the company's business at the time are deemed guilty unless they prove lack of knowledge or due diligence; officers implicated by consent, connivance or neglect may also be deemed guilty and may face civil jail and a fine up to 200,000 shillings.

Courts must give an accounting officer at least thirty days' notice to show cause before starting contempt proceedings; the notice must be served on the accounting officer and the Attorney-General; if the officer fails to respond within thirty days the court may start proceedings; an accounting officer may be liable to a fine up to two hundred thousand shillings if contempt is proved to be with their consent, connivance or neglect; public officers acting in good faith are not to be convicted for execution of duties in good faith.

Revision of an order may result in upholding the subordinate court's order or releasing the applicant with or without conditions; grounds include an error apparent on the face of the record or discovery of new and important matter or evidence not previously available, and procedure for revision of an order for contempt is as set out in the Criminal Procedure Code (Cap. 75).

The High Court has the power to review its own orders.

Appeals from High Court orders or decisions to punish for contempt to the Court of Appeal lie only on points of law; execution of the punishment may be suspended and an appellant in confinement may be released on bail; the High Court may exercise the powers in subsection (2) if satisfied that an appeal will be filed; time limits for filing are thirty days to the High Court and sixty days to the Court of Appeal from the date of the order.

No court may start proceedings for contempt more than six months after the date the contempt is alleged to have been committed.

A court must not start contempt proceedings relating to a decision or directions given by the Speaker when acting in official responsibilities.

The provisions of this Act shall supersede any other written law relating to contempt of court.

The Chief Justice may make rules to better carry out the purposes of the Act.

Repeals section 5 of Cap. 8 (The Judicature Act).

Repeals section 36 of the High Court (Organization and Administration) Act (Cap. 8C).

Amends the Court of Appeal (Organization and Administration) Act (Cap. 9A) by deleting section 35.