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{
    "id": 706549,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/706549/?format=api",
    "text_counter": 206,
    "type": "speech",
    "speaker_name": "Hon. Kimaru",
    "speaker_title": "",
    "speaker": {
        "id": 2072,
        "legal_name": "Anthony Mutahi Kimaru",
        "slug": "anthony-mutahi-kimaru"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. I would like to chip in on this particular Bill. It is an important Bill because if we do not obey court orders, that would be the perfect recipe for chaos and anarchy. Our courts come in to adjudicate disputes of government and private citizens. If orders by the court are not respected, then that would be a bad thing. It is important to punish such disobedience through an Act of Parliament, which I am sure it shall become. Most of the recommendations in the Bill are good. They make the contempt of court proceedings more orderly and systematic so that those who are in court can, at least, get fair hearing and justice, if that happens. I have been a victim of proceedings against contempt of court. This has happened in one particular case. The case is not moving but you find that several contempt of court proceedings have been instituted within the same court. It is one suit, four contempt of court proceedings and none of them goes anywhere. They are just malicious and are motivated by things that are really not legal. In one instance, even lawyers swore a false affidavit, moved all the way from a Nyeri court to Justice Lenaola’s court and swore a false affidavit as to whether I had obeyed a court order or not. Eventually the matter was thrown out. There was a court order in Nyeri which the lawyer did not divulge to the court in Nairobi. However, eventually, that came out. Unfortunately, this is one person who is also seeking a high office – the chairmanship of the Independent Electoral and Boundaries Commission (IEBC). I think at the opportune time if they ever make it to the list that is going to be nominated, I think we will face them there. It is a lady but I will not say who it is for the time being. When I looked at the Bill on contempt of court, I saw one particular part that talks about contempt of court being tried by a superior court. In this case, that would tend to be the High Court. However, I think matters contempt, even if they happened in a Magistrate’s Court, the magistrate who is presiding would be more familiar with the facts. This magistrate has heard the case, has given the orders and knows the circumstances. It will be a waste of time if contempt that occurred in a Magistrate’s Court is taken to the High Court. The High Court would, probably, be far removed from where the particular offence took place. In our case, in Nanyuki, the only High Courts were in Meru, Nyeri, Nakuru or Embu. When you move these cases there and make them pile up, I do not think it serves the interest of justice to move the cases and take them to far-flung places to be heard. The Magistrates’ Courts are near people. Actually, the bulk of cases are heard there. If there is contempt of court, I do not see any reason why that contempt should be tried in a different court at a higher level. As we continue to look at this Bill, maybe at The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}