REPUBLIC V. DAVID MAKALI, BEDAN MBUGUA & INDEPENDENT MEDIA SERVICES LIMITED

RULING

In the course of his submissions, Mr. Chunga for the Republic referred to sections 7, 20 and 21 of the Penal Code and section 136 of the Criminal Procedure Code. Section 7 has ruled out, except in certain types of offences, ignorance of law as an excuse. Sections 20 and 21 together with sections 22 and 23 are the only sections contained in chapter 5 of the Penal Code which is titled, “parties to the offence”. Both Mr Imanyara for respondents Nos 1, 2 and 3 and Mr Khaminwa for the 4th respondent objected vigorously to any reference to any sections of the Penal Code for the sake of seeking any assistance from them.

Mr Imanyara’s objections mainly were that section 5 of the Judicature Act (cap 8) had given a special jurisdiction in relation to contempt proceedings. It was specifically laid down in the sections that this Court shall have the same power to punish for contempt of court as is for the time being possessed by the High Court of Justice of England. So it was the law and pra…