Related documents
- Is amended by 24th Annual Supplement
- Amends Court of Appeal (Organization and Administration) Act
- Amends High Court (Organization and Administration) Act
- Amends Judicature Act
LAWS OF KENYA
CONTEMPT OF COURT ACT
CAP. 8F
- Published in Kenya Gazette Vol. CXIX—No. 2 on 6 January 2017
- Assented to on 23 December 2016
- Commenced on 13 January 2017
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
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 20172. Interpretation
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.3. Objectives of this Act
The objectives of this Act are to—4. Contempt of Court
Part II – JURISDICTION OF COURTS
5. Jurisdiction of superior Courts
Every superior court shall have power to—6. Jurisdiction of subordinate courts to punish for contempt of court
Every subordinate court shall have power to punish for contempt of court on the face of the court in any case where a person—7. Summary proceedings
8. Institution of proceedings
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.Part III – DEFENCE TO CONTEMPT OF COURT
9. Defence to Contempt of court
In proceedings for contempt of court, it shall be a defence if it is proved to the satisfaction of the court that the conduct in issue—10. The strict liability rule
11. Limitation of scope of strict liability rule
12. Defence to strict liability rule
Nothing in this Act shall—13. Defence of innocent publication or distribution
14. Fair and accurate report of judicial proceeding not contempt
15. Fair criticism of judicial act not contempt
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.16. Complaint against presiding officers of subordinate courts not contempt
A person is not guilty of contempt of court in respect of any complaint made by that person in good faith concerning the presiding officer of any subordinate court to—17. Publication of information relating to proceedings in chambers or in camera not contempt except in certain cases
18. Discussion of public affairs
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.19. Use of recording devices
20. Sources of information
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.21. Publication of matters exempted from disclosure in court
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.22. Other defences not affected
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.Part IV – CONTEMPT OF COURT PROCEEDINGS
23. Trial for contempt of court shall not constitute double jeopardy
Nothing in this Act prevents—24. Power of High Court to punish contempt of subordinate courts
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.25. Procedure where contempt is in superior court
Where it is alleged that, or appears to a superior court that a person has committed contempt of court in its presence or hearing, the court may cause such person to be detained in custody and at any time before the rising of the court, on the same day or not more than twenty-four hours thereafter shall—26. Cognizance of criminal contempt in other cases
Part V – OFFENCES
27. Offence of contempt of court
A person who—28. Punishment for contempt of court
29. Punishment against management of company
30. Punishment against management of State organ, government department, ministry or corporation
Part VI – MISCELLANEOUS PROVISIONS
31. Revision of order
32. Review of order
33. Appeals
34. Limitations of actions for contempt
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.35. Proceedings not to issue against a Speaker of Parliament
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.36. Act to be in addition to and not in derogation of other laws relating to contempt
The provisions of this Act shall supersede any other written law relating to contempt of court.37. Rules
The Chief Justice may make rules for the better carrying out of the purposes of this Act.38. Repeal of Section 5 of Cap. 8
The Judicature Act (Cap. 8) is amended by deleting section 5.39. Repeal of section 36 of Cap. 8C
The High Court (Organization and Administration) Act (Cap. 8C) is amended by deleting section 36.40. Repeal of section 35 of Cap. 9A
The Court of Appeal (Organization and Administration) Act (Cap. 9A) is amended by deleting section 35.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
13 January 2017
Commenced
06 January 2017
23 December 2016
Assented to
Cited documents 2
Act 2
1. | High Court (Organization and Administration) Act | 123 citations |
2. | Court of Appeal (Organization and Administration) Act | 30 citations |
Documents citing this one 391
Judgment 385
Act 3
1. | Judicature Act | 982 citations |
2. | High Court (Organization and Administration) Act | 123 citations |
3. | Court of Appeal (Organization and Administration) Act | 30 citations |
Bench Bulletin 2
1. | Bench Bulletin - Issue 35 | |
2. | Bench Bulletin - Issue 40 |
Gazette 1
1. | Kenya Gazette Vol. CXXV-No. 240 |