Kenya Act or statute

Parliament of Kenya

Contempt of Court Act

Jurisdiction: Kenya
Structure: 40 provisions
Citation: Cap. 8F
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

DEFENCE TO CONTEMPT OF COURT - 12. Defence to strict liability rule

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

Section 12

DEFENCE TO CONTEMPT OF COURT - 22. Other defences not affected

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

Section 22

OFFENCES - 30. Punishment against management of State organ, government department, ministry or corporation

Section 30

MISCELLANEOUS PROVISIONS - 40. Repeal of section 35 of Cap. 9A

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

Section 40

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Showing 40 of 40 provisions

Provision 29Offence 5Repeal 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Contempt of Court Act*. * This Act was declared unconstituonal by Kenya Human Rights Commission vs Attorney-General & another Constitutional Petition No 87 of 2017

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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").

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "contempt of court" has the meaning assigned to it under section 4 ; "corporation" means any corporation, council, board, committee or other body which has power to act under and for the purposes of any written law relating to undertakings of public utility or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or charges in pursuance of any such law; "judge" means any person appointed under Article 166(1) of the Constitution; "judicial officer" has the meaning assigned to it by Article 260 of the Constitution; "Order" has the meaning assigned to it under section 2 of the Civil Procedure Act (Cap. 21); "Rules" means rules made by the Chief Justice pursuant to this Act; "State organ" has the meaning assigned to it by Article 260 of the Constitution; "subordinate court" has the meaning assigned to it by Article 169(1) of the Constitution; "superior court" has the meaning assigned to it by Article 162(1) of the Constitution and includes the Employment and Labour Relations Court and the Environment and Land Court.

Section 2Verify source

§ 3PRELIMINARY - 3. Objectives of this ActProvision

Objective: uphold the dignity and authority of the court.

Section 3. Objectives of this Act Section uphold the dignity and authority of the court;

Section 3Verify source

§ 4PRELIMINARY - 4. Contempt of CourtProvision

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.

Section 4. Contempt of Court Section 4(1)(a) civil contempt which means willful disobedience of any judgment, decree, direction, order, or other process of a court or willful breach of an undertaking given to a court; Section 4(1)(b) scandalizes or tends to scandalize, or lowers or tends to lower the judicial authority or dignity of the court; Section 4(1)(b)(i) scandalizes or tends to scandalize, or lowers or tends to lower the judicial authority or dignity of the court; Section 4(1)(b)(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or Section 4(1)(b)(iii) interferes or tends to interfere with, or obstructs or tends to obstruct the administration of justice. Section 4(2) In any case not relating to civil or criminal proceedings as contemplated under subsection (1), an act that is willfully committed to interfere, obstruct or interrupt the due process of the administration of justice in relation to any court, or to lower the authority of a court, or to scandalize a judge, judicial officer in relation to any proceedings before the court, on any other manner constitutes contempt of court.

Section 4Verify source

Part II

JURISDICTION OF COURTS

§ 5JURISDICTION OF COURTS - 5. Jurisdiction of superior CourtsProvision

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

Section 5. Jurisdiction of superior Courts Section punish for contempt of court on the face of the court;

Section 5Verify source

§ 6JURISDICTION OF COURTS - 6. Jurisdiction of subordinate courts to punish for contempt of courtProvision

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

Section 6. Jurisdiction of subordinate courts to punish for contempt of court Section assaults, threatens, intimidates, or willfully insults a judicial officer or a witness, during a sitting or attendance in a court, or in going to or returning from the court to whom any relevant proceedings relate;

Section 6Verify source

§ 7JURISDICTION OF COURTS - 7. Summary proceedingsOffence

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.

Section 7. Summary proceedings Section 7(1) An offence of contempt of court shall be tried summarily and the court shall keep a record of the proceedings. Section 7(2)(a) transfer of proceedings from a subordinate court to a superior court; Section 7(2)(b) proceedings in camera and prohibition of publication of proceedings; and Section 7(2)(c) appeals and limitation for appeals. Section 7(3) Notwithstanding subsection (1), any proceedings to try an offence of contempt of court provided for under any other written law shall not take away the right of any person to a fair trial and fair administrative action in accordance with Articles 47 and 50 of the Constitution.

Section 7Verify source

§ 8JURISDICTION OF COURTS - 8. Institution of proceedingsProvision

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.

Section 8. Institution of proceedings Section Proceedings for criminal contempt of court shall not be instituted except by or 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.

Section 8Verify source

Part III

DEFENCE TO CONTEMPT OF COURT

§ 10DEFENCE TO CONTEMPT OF COURT - 10. The strict liability ruleProvision

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.

Section 10. The strict liability rule Section 10(1) In this Act "the strict liability rule" means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so. Section 10(2) The strict liability rule applies only in relation to publication, and for this purpose "publication" includes any speech, writing, broadcast or other communication in whatever form, which is addressed to the public at large or any section of the public. Section 10(3) A person shall be strictly liable for contempt of court in any case where the person does any act which interferes or tends to interfere with the course of justice in relation to any judicial proceedings. Section 10(4) For purposes of subsection (3), it shall be immaterial whether the interference was not intentional.

Section 10Verify source

§ 11DEFENCE TO CONTEMPT OF COURT - 11. Limitation of scope of strict liability ruleProvision

Limitation of scope of strict liability rule

Section 11. Limitation of scope of strict liability rule Section 11(1)(a) which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced; and Section 11(1)(b) only if the proceedings in question are active within the meaning of this section at the time of the publication. Section 11(2) The Schedule applies in determining the times at which proceedings are to be treated as active within the meaning of this section.

Section 11Verify source

§ 12DEFENCE TO CONTEMPT OF COURT - 12. Defence to strict liability ruleProvision

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

Section 12. Defence to strict liability rule Section prejudice any defence available at common law to a charge of contempt of court under the strict liability rule;

Section 12Verify source

§ 13DEFENCE TO CONTEMPT OF COURT - 13. Defence of innocent publication or distributionProvision

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.

Section 13. Defence of innocent publication or distribution Section 13(1) A person is not guilty of contempt of court under the strict liability rule if that person has published any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceedings pending at the time of publication, if at that time, that person had no reason to believe that the proceedings were pending. Section 13(2) Notwithstanding anything to the contrary contained in this Act or any other law, the publication of any matter referred to in subsection (1) in connection with any civil or criminal proceeding which is not pending at the time of publication does not constitute contempt of court. Section 13(3) A person shall not be guilty of contempt of court under the strict liability rule if that person distributed a publication containing any matter referred to in subsection (1), if at the time of distribution that person did not know or had no reason to believe that it contained such matter or was likely to contain any such matter. Section 13(4) The burden of proof of any fact tending to establish a defence under this section to any person is upon that person. Section 13(5)(a) any publication which is a book or paper printed or published; or Section 13(5)(b) any publication which is a newspaper published, other than in conformity with the Books and Newspapers Act (Cap. 111).

Section 13Verify source

§ 14DEFENCE TO CONTEMPT OF COURT - 14. Fair and accurate report of judicial proceeding not contemptProvision

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

Section 14. Fair and accurate report of judicial proceeding not contempt Section 14(1) A person is not guilty of contempt of court for publishing a fair and accurate report of judicial proceedings held in open court if the report is published in good faith. Section 14(2) In any judicial proceedings held in open court, the court may, where it appears necessary to avoid the risk of prejudice to the administration of justice in those proceedings, or in any other proceedings pending or imminent, order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court determines is necessary for that purpose.

Section 14Verify source

§ 15DEFENCE TO CONTEMPT OF COURT - 15. Fair criticism of judicial act not contemptProvision

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

Section 15. Fair criticism of judicial act not contempt Section A person is not guilty of contempt of court for publishing any fair comment on the merits of any case, which has been heard and determined.

Section 15Verify source

§ 16DEFENCE TO CONTEMPT OF COURT - 16. Complaint against presiding officers of subordinate courts not contemptProvision

Complaint against presiding officers of subordinate courts not contempt

Section 16. Complaint against presiding officers of subordinate courts not contempt Section a competent authority;

Section 16Verify source

§ 17DEFENCE TO CONTEMPT OF COURT - 17. Publication of information relating to proceedings in chambers or in camera not contempt except in certain casesProvision

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

Section 17. Publication of information relating to proceedings in chambers or in camera not contempt except in certain cases Section 17(1)(a) where the publication is contrary to any law; Section 17(1)(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all publication of all information relating to the proceedings or of information of the description which is published; Section 17(1)(c) where the court sits in chambers or in camera for reasons relating to public order or national security, the publication of information relating to those proceedings; Section 17(1)(d) where the information relates to a secret process, discovery or invention which is in issue in the proceedings. Section 17(2)(a) on the grounds of public policy or interest; Section 17(2)(b) for reasons connected with public order or national security; Section 17(2)(c) on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.

Section 17Verify source

§ 18DEFENCE TO CONTEMPT OF COURT - 18. Discussion of public affairsProvision

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 18. Discussion of public affairs Section A publication made as part of a discussion in good faith of public affairs or other matters of general public interest is not contempt of court under the strict liability rule if the risk of impediment or prejudice to particular legal proceedings is merely incidental to the discussion.

Section 18Verify source

§ 19DEFENCE TO CONTEMPT OF COURT - 19. Use of recording devicesProvision

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.

Section 19. Use of recording devices Section 19(1)(a) use in court any recording device or instrument for recording proceedings, a tape recorder or other instrument for recording sound, except with the leave of the court; Section 19(1)(b) publish a recording of legal proceedings made by means of any such instrument, or any recording derived directly or indirectly from it, by playing it in the hearing of the public or any section of the public, or disposes of it or any recording so derived, with a view to such publication; or Section 19(1)(c) use any such recording in contravention of any conditions granted under paragraph (a). Section 19(2) Leave under subsection (1)(a) may be granted or refused by the court, and where such leave is granted, it may be subject to such reasonable conditions as the court considers necessary. Section 19(3) Without prejudice to any other power to deal with an act of contempt under subsection (1) (a), the court may order the instrument, device or any recording made with it, or both, to be forfeited, and any object so forfeited shall, unless the court otherwise determines on application by a person appearing to be the owner, be sold or otherwise disposed of in such manner as the court may direct. Section 19(4) This section shall not apply to the making or use of sound recordings for purposes of official transcripts of proceedings. Section 19(5) For purposes of this section "recording" includes any visual or audio recording.

Section 19Verify source

§ 20DEFENCE TO CONTEMPT OF COURT - 20. Sources of informationProvision

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.

Section 20. Sources of information Section A person is not guilty of contempt of court for refusing to disclose, the source of information contained in a publication for which the person is responsible, unless it is established to the satisfaction of the court that such disclosure is necessary in the interests of justice, national security, or for the prevention of disorder crime.

Section 20Verify source

§ 21DEFENCE TO CONTEMPT OF COURT - 21. Publication of matters exempted from disclosure in courtProvision

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.

Section 21. Publication of matters exempted from disclosure in court Section Where a court, having power to do so, allows a name or other matter to be withheld from publication in relation to proceedings before the court, the court may give such directions prohibiting the publication of that name or matter as appear to the court to be necessary for the purpose for which it was so withheld.

Section 21Verify source

§ 22DEFENCE TO CONTEMPT OF COURT - 22. Other defences not affectedProvision

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

Section 22. Other defences not affected Section Nothing contained in this Act shall be construed as implying that any other defence which would be a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act.

Section 22Verify source

§ 9DEFENCE TO CONTEMPT OF COURT - 9. Defence to Contempt of courtProvision

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.

Section 9. Defence to Contempt of court Section is a fair comment on the general working of the court made in good faith, in the public interest and in temperate language;

Section 9Verify source

Part IV

CONTEMPT OF COURT PROCEEDINGS

§ 23CONTEMPT OF COURT PROCEEDINGS - 23. Trial for contempt of court shall not constitute double jeopardyOffence

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

Section 23. Trial for contempt of court shall not constitute double jeopardy Section a court from trying a person for any other related criminal offence or adjudicating a civil matter; or

Section 23Verify source

§ 24CONTEMPT OF COURT PROCEEDINGS - 24. Power of High Court to punish contempt of subordinate courtsProvision

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.

Section 24. Power of High Court to punish contempt of subordinate courts Section The High Court has the same jurisdiction, power and authority, in accordance with the same procedure and practice, in respect of contempt of subordinate courts as it has and exercises in respect of contempt of the High Court.

Section 24Verify source

§ 25CONTEMPT OF COURT PROCEEDINGS - 25. Procedure where contempt is in superior courtProvision

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 25. Procedure where contempt is in superior court Section cause the person to be informed in writing of the contempt of court with which he or she is charged;

Section 25Verify source

§ 26CONTEMPT OF COURT PROCEEDINGS - 26. Cognizance of criminal contempt in other casesProvision

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.

Section 26. Cognizance of criminal contempt in other cases Section 26(1) In the case of criminal contempt, a superior court may take action on its own motion or on an application made by any person. Section 26(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Director of Public Prosecutions. Section 26(3) Every motion or reference made under this section shall specify the contempt of court the person is charged with.

Section 26Verify source

Part V

OFFENCES

§ 27OFFENCES - 27. Offence of contempt of courtOffence

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.

Section 27. Offence of contempt of court Section assaults, threatens, intimidates, or willfully insults a judge or judicial officer or a witness, during a sitting or attendance in a court, or in going to or returning from the court;

Section 27Verify source

§ 28OFFENCES - 28. Punishment for contempt of courtOffence

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.

Section 28. Punishment for contempt of court Section 28(1) Save as otherwise expressly provided in this Act or in any other written law, a person who is convicted of contempt of court is liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both. Section 28(2) Without prejudice to subsection (1), the court may order that the accused person be detained in police custody until the rising of the court. Section 28(3) A court may at any time revoke an order of committal made under subsection (2) and, if the offender is in custody, order his discharge. Section 28(4) Subject to subsection (1), the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Section 28(5) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in subsection (1) for any contempt either in respect of that court or of a court subordinate to it. Section 28(6) Notwithstanding anything contained in this section, where a person is found guilty of civil contempt, the court may if it considers that the fine will not meet the ends of justice and that imprisonment is necessary direct that the person be detained in civil jail for such period not exceeding six months as the court may deem fit.

Section 28Verify source

§ 29OFFENCES - 29. Punishment against management of companyOffence

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.

Section 29. Punishment against management of company Section 29(1) Where a company is guilty of contempt of court in respect of any undertaking given to a court by the company, every person who, at the time the contempt was committed, was in charge of and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and such person may with the leave of the court be committed to civil jail: Provided that nothing in this subsection shall render any such person liable to punishment if the person proves to the satisfaction of the court that the contempt was committed without his or her knowledge or that he or she exercised all due diligence to prevent its commission. Section 29(2) Where the contempt of court is committed by a company and it is proved to the satisfaction of the court that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and may, with the leave of the court be committed to civil jail and in addition, be liable to a fine not exceeding two hundred thousand shillings.

Section 29Verify source

§ 30OFFENCES - 30. Punishment against management of State organ, government department, ministry or corporationCommencement

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.

Section 30. Punishment against management of State organ, government department, ministry or corporation Section 30(1) Where a State organ, government department, ministry or corporation is guilty of contempt of court in respect of any undertaking given to a court by the State organ, government department, ministry or corporation, the court shall serve a notice of not less than thirty days on the accounting officer, requiring the accounting officer to show cause why contempt of court proceedings should not be commenced against the accounting officer. Section 30(2) No contempt of court proceedings shall be commenced against the accounting officer of a State organ, government department, ministry or corporation, unless the court has issued a notice of not less than thirty days to the accounting officer to show cause why contempt of court proceedings should not be commenced against the accounting officer. Section 30(3) A notice issued under subsection (1) shall be served on the accounting officer and the Attorney-General. Section 30(4) If the accounting officer does not respond to the notice to show cause issued under subsection (1) within thirty days of the receipt of the notice, the court shall proceed and commence contempt of court proceedings against the accounting officer. Section 30(5) Where the contempt of court is committed by a State organ, government department, ministry or corporation, and it is proved to the satisfaction of the court that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of any accounting officer, such accounting officer shall be deemed to be guilty of the contempt and may with the leave of the court be liable to a fine not exceeding two hundred thousand shillings. Section 30(6) No State officer or public officer shall be convicted of contempt of court for the execution of his duties in good faith.

Section 30Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 31MISCELLANEOUS PROVISIONS - 31. Revision of orderProvision

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).

Section 31. Revision of order Section 31(1)(a) uphold the order of the subordinate court; or Section 31(1)(b) release the applicant with or without conditions. Section 31(2)(a) an error apparent on the face of record; or Section 31(2)(b) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the applicant and could not be produced by him or her at the time when the order was passed. Section 31(3) The procedure for revision of an order for contempt of court shall be as set out in Criminal Procedure Code (Cap. 75).

Section 31Verify source

§ 32MISCELLANEOUS PROVISIONS - 32. Review of orderProvision

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

Section 32. Review of order Section 32(1) The High Court shall have power to review its own orders. Section 32(2)(a) the execution of the punishment or order to be reviewed be suspended; and Section 32(2)(b) if the subject of the order or decision is in confinement, the subject be released on bail.

Section 32Verify source

§ 33MISCELLANEOUS PROVISIONS - 33. AppealsProvision

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.

Section 33. Appeals Section 33(1) An appeal shall lie from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt to the Court of Appeal, only on points of law. Section 33(2)(a) the execution of the punishment or order appealed against be suspended; and Section 33(2)(b) if the appellant is in confinement, the appellant be released on bail. Section 33(3) Where a person aggrieved by any order against which an appeal may be filed satisfies the High Court that he or she intends to file an appeal, the High Court may also exercise all or any of the powers conferred by subsection (2). Section 33(4)(a) in the case of an appeal to the High Court, within thirty days; Section 33(4)(b) in the case of an appeal to the Court of Appeal, within sixty days, from the date of the order appealed against.

Section 33Verify source

§ 34MISCELLANEOUS PROVISIONS - 34. Limitations of actions for contemptProvision

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

Section 34. Limitations of actions for contempt Section No court shall initiate any proceedings for contempt of court either on its own motion or otherwise after the expiry of a period of six months from the date on which the contempt of court is alleged to have been committed.

Section 34Verify source

§ 35MISCELLANEOUS PROVISIONS - 35. Proceedings not to issue against a Speaker of ParliamentProvision

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

Section 35. Proceedings not to issue against a Speaker of Parliament Section A Court shall not initiate proceedings for contempt of court in relation to a decision made or directions given by a Speaker of a House of Parliament in the performance of his or her official responsibilities.

Section 35Verify source

§ 36MISCELLANEOUS PROVISIONS - 36. Act to be in addition to and not in derogation of other laws relating to contemptProvision

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

Section 36. Act to be in addition to and not in derogation of other laws relating to contempt Section The provisions of this Act shall supersede any other written law relating to contempt of court.

Section 36Verify source

§ 37MISCELLANEOUS PROVISIONS - 37. RulesProvision

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

Section 37. Rules Section The Chief Justice may make rules for the better carrying out of the purposes of this Act.

Section 37Verify source

§ 38MISCELLANEOUS PROVISIONS - 38. Repeal of Section 5 of Cap. 8Repeal

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

Section 38. Repeal of Section 5 of Cap. 8 Section The Judicature Act (Cap. 8) is amended by deleting section 5.

Section 38Verify source

§ 39MISCELLANEOUS PROVISIONS - 39. Repeal of section 36 of Cap. 8CRepeal

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

Section 39. Repeal of section 36 of Cap. 8C Section The High Court (Organization and Administration) Act (Cap. 8C) is amended by deleting section 36.

Section 39Verify source

§ 40MISCELLANEOUS PROVISIONS - 40. Repeal of section 35 of Cap. 9ARepeal

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

Section 40. Repeal of section 35 of Cap. 9A Section The Court of Appeal (Organization and Administration) Act (Cap. 9A) is amended by deleting section 35.

Section 40Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Cap. 8C Repeals section 36 of the High Court (Organization and Administration) Act
Section 39
Cap. 9A Amends the Court of Appeal (Organization and Administration) Act
Section 40
Civil Procedure Act
Section 2
Court Act
Section 1

N–S

1 instrument

Section 5 of Cap. 8 Repeals section 5 of Cap. 8 (The Judicature Act
Section 38

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31 Dec 2022 · currentEnglish

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