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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

JUDGMENT

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 England was contained in sections 11, 12, and 13 of the Administration of Justice Act 1960 and the procedural law in the exercise of power to punish for contempt of court was expressed in Order 52 of the Rules of the Supreme Court 1965, hereinafter called the Rules, which came into operation on 1st October, 1966. That therefore is the law applicable to our High Court and the Court of Appeal in the exercise of their respective power to punish for contempt …

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