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REPUBLIC v. TONY GACHOKA & ANOTHER

(1999) JELR 94829 (CA)

Court of Appeal  •  Criminal Application 4 of 1999  •  20 Aug 1999  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Effie Owuor, Richard Otieno Kwach

Judgement

Republic v. Tony Gachoka and another [1999] eKLR REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Gicheru, Kwach, Omolo, Tunoi, Shah, Lakha and Owuor JJA

Criminal Application No. Nai 4 of 1999

Republic.............................................................................PLAINTIFF

VERSUS

Tony Gachoka............................................................RESPONDENT

JUDGMENT

August 20, 1999 the following Judgments of the Court were delivered.

Gicheru JA. The Judicature Act Chapter 8 of the Laws of Kenya came into operation on 1st August, 1967. Section 5 (1) of that Act is in the following terms:

“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.”

Besides the common law, as on 1st August, 1967, the only other law relating to contempt of court in En…

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