NJERU V. REPUBLIC

JUDGMENT

On 18th March, 1993 we allowed this appeal and quashed the order of the superior court committing the appellant to prison for a period of four (4) days with effect from 19th February, 1993 for contempt of Court. We now give our reasons.

Section 5 (1) and (2) of the Judicature Act, chapter 8 of the Laws of Kenya provides that:

“(5).(1) The High Court and the Court of Appeal shall have the same power to punish for contempt of Court as is for the time being possessed by the High Court of Justice in England, and that power shall extend to upholding the authority and dignity of subordinate courts.

(2) An order of the High Court made by way of punishment for contempt of Court shall be appealable as if it were a conviction and sentence made in the exercise of the ordinary original criminal jurisdiction of the High Court”

From the foregoing provisions, the law of contempt of Court applicable in this Country is that of England.

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