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{
    "id": 706465,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/706465/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Hon. A.B Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Thank you, Hon. Speaker. This Bill seeks to define what should be legitimately prohibited by the court, to clarify the role regarding disclosure of source and to impose procedural norms of fairness in contempt process. We must know what ―contempt of court‖ is. This is a matter which has not been defined. This Bill touches on a number of key sectors and even touches on the Bill of Rights. To what extent can you exercise the Bill of Rights? The Judiciary, under the current definition of contempt of court, can sometimes infringe on the rights of the citizens as enshrined in the Constitution. So, in Kenya, what amounts to contempt has been subjected to different interpretations by our courts. This has had a fearful impact on the public. It has even created fear among journalists or citizens who voice their opinion on a particular judgement of the court when they feel otherwise. So, the judgement of a particular court will be cited for contempt. A judge can claim; ―You said that outside court and that amounts to contempt.‖ Hon. Speaker, contempt of court has a significant impact on journalism in the form of restrictions on court reporting. The courts as we see them today and the Judiciary under a new dispensation must open up its corridors and proceedings to the public. Under the contempt of court process in our country, journalists who have been assigned to report on what is going on in the corridors of justice have had their fair share of serious problems. That is why this Bill, through this House, can define the boundaries, levels, interpretations and definitions of what constitutes a contempt of court. Freedom of conscience, expression, assembly association and political participation are coherent elements of the type of society that has been contemplated in the Constitution. That freedom also underlines the importance of public scrutiny of the process of governance and, in particular, the administration of justice. Hon. Speaker, the administration of justice must also be ready for public scrutiny through reporting by journalists. Looking at this whole concept, the International Human Rights Law has mentioned that when balancing the rights of free speech with the principle of the authority of the Judiciary, the question that begs should be whether the prohibition is necessary in a democratic society. It means the international law experts have argued on how to balance the principle of free speech and reporting from the corridors of justice with that of upholding the independence of the Judiciary. How do we create a balance? On this, the Kenyan law has hitherto resulted in a killing of freedom of speech, expressions and information on matters of public interest. A number of issues on matters of public interest have been gagged by the courts and raised issues on citizens on how that discussion can take place. So, as we agree that there are times when the contempt of court can be imposed, what are the limits? Can we define it? So, this House can define and this is the role of the Legislature. Contempt of court often referred as to ―contempt‖ in Kenya is the offence of being disobedient or disrespectful towards a court of law and its officers in the form of a behavior that opposes or defies their authority. Contempt of court refers to actions which impede the ability of the court to perform its functions. It manifests itself in a willful behavior that is illegal because it does not obey or respect the rules of the court. 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."
}