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{
    "id": 706484,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/706484/?format=api",
    "text_counter": 141,
    "type": "speech",
    "speaker_name": "Hon. Omulele",
    "speaker_title": "",
    "speaker": {
        "id": 2145,
        "legal_name": "Christopher Omulele",
        "slug": "christopher-omulele"
    },
    "content": "approach matters of contempt of court. The courts have attempted to deal with situations of contempt and we have had diversified ways of dealing with these matters. In some situations, punishments have been so diverse and they have amounted to an encroachment of the constitutional safeguards of the people who have been faced with situations of contempt of court. It is very good that now we have a very clear definition of what contempt of court is. We also have a very clear definition of what the offence of contempt encapsulates. It is also very good that we have a very clear definition of what defences one may want to use when faced or accused of being contemptuous of court proceedings. Hon. Speaker, this Bill is overdue. Previously, when an advocate or any party to proceedings has had a need to bring proceedings of contempt against a person who has wilfully disobeyed court orders, one has had to seek leave of the High Court to commence those proceedings. That has been under the Judicature Act Section 5 thereof. One has had to file those other proceedings outside the real proceedings of contempt. One has had to pass through another way before he could bring contempt of court proceedings. In this situation, under this Act, we will have a very clear definition of the procedural actions that one will take when he alleges or feels that a party is contemptuous of court proceedings or a court order. It is also good that the subordinate courts have been given powers to deal with contempt on the face of the court. The contempt on the face of the court has been defined as such situations where a person insults, disobeys or openly disrupts the proceedings of the subordinate courts. Every other civil contempt, where people disobey court orders or refuse to respond to summons or when they have been summoned, they do not obey clear directions of the court, it has been defined how they shall be dealt with. They shall be dealt with by the High Court. It is a very good thing. Kenyans, who are the consumers of the judicial process in this country, will know where they are placed when it comes to matters of contempt of court. They will also know how to behave and which behaviour in those judicial processes would amount to contempt of court. It has not been clear to Kenyans exactly what behaviour would amount to contempt of court. When they have been cited for contempt of court, the punishment and penalties have not been clear as to what they would be such that this has been left to individual judicial officers and judges who have, sometimes, gone overboard to extremely punish, so that the whole idea of punishment in contempt proceedings has amounted to an abuse of the process itself. I wish to support this Bill and urge my brothers and sisters to support it so that we have a clear law on this. With those few remarks, I support the Bill."
}