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{
    "id": 706467,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/706467/?format=api",
    "text_counter": 124,
    "type": "speech",
    "speaker_name": "Hon. A.B Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "proceedings in court for public consumption, that is also given in Part III. It can become a defence to contempt of court proceedings where the journalist feels that he would do a fair and accurate publication or a story of a proceeding in court. A true declaration made in good faith is allowed. If a member of the public makes a declaration in good faith, that does not constitute a contempt of court. A publication of a fair and relevant observation made in the administration capacity by any authority in the course of the official functions can be used as a defence. Lawyers, litigant and witnesses, if they make a fair and relevant observation during the proceedings, that can be a defence for that litigant lawyer, witness or that member of the public. It can be a defence to contempt of court, but the Bill provides for contempt of court proceedings. It provides for High Court to punish for contempt in subordinate courts and sets out the procedure where the contempt is in a superior court. So, that part also deals with the definition and procedure in which a contempt of court will be disposed of either in the High Court or in a superior court. Clause 35 of the Bill sets out various offences and penalties. They include being involved in assaulting, intimidating and insulting a judge. It is not for the judge to decide. A judge can say you are intimidating or you have insulted him or her. It is the discretion of the judge to decide the penalty. So, the penalties are set out in Part V. If a judge says you have intimidated or you are insulting, then we would put the penalties that I know. He or she would not just say: ―Because you insulted me, I will fine you Kshs2 million and six months in jail. Part V deals with various offences and penalties. A judicial officer or a witness during a proceeding is a witness and a judicial officer or a lawyer during proceedings. We have cases where judges have chased away lawyers or witnesses from their courtrooms saying they are insulting, intimidating or assaulting."
}