Skip to content
JudgmentSALIM SAID VS The Republic3 min read

SALIM SAID VS The Republic

High Court at Mombasa High Court · · Wendy Micheni


[ARISING FROM THE SENTENCE GIVEN ON 20TH JANUARY 2025 IN MOMBASA CHIEF MAGISTRATE’S CRIMINAL CASE NUMBER E 827 0F 2024( HON D. ODHIAMBO SRM)

CONTEMPT OF COURT

Section 10  of the Magistrates' Court Act states as follows

  “Contempt of Court

  1. Subject to the provisions of any other law, the Court shall have power to punish for contempt

2. A person who, in the face of the Court.

  1. Assaults, threatens, intimidates, or insults a Magistrate, Court Administrator, Judicial Officer, or a witness, during a sitting or attendance in Court, or in going to or returning from the Court.
  2. Interrupts or obstructs the proceedings of the Court; or
  3. Without lawful excuse disobeys an order or direction of the Court in the course of the hearing of a proceeding, commits an offence…….

(4) In the case of criminal proceedings, the publication, whether by words, spoken or written, by signs, visible representation, or otherwise, of any matters or the doing of any other act which— (a) scandalizes or tends to scandalize, or lowers or tends to lower the judicial authority or dignity of the court;

(b) prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings; or 3 Magistrates' Courts Act (Cap. 10) Kenya (c) interferes or tends to interfere with, or obstructs or tends to obstruct the administration of justice, constitutes contempt of court.

(5) A police officer, with or without the assistance of any other person, may, by order of a judge of the Court, take into custody and detain a person who commits an offence under subsection (2) until the rising of the Court.

(6) The Court may sentence a person who commits an offence under subsection (1) to imprisonment for a term not exceeding five days, or a fine not exceeding one hundred thousand shillings, or both.

(7) A person may appeal against an order of the Court made by way of punishment for contempt of court as if it were a conviction and sentence made in the exercise of the ordinary original criminal jurisdiction of the Court.

(8) The Chief Justice may make Rules to regulate procedures relating to contempt of court.

  This section gives the magistrate’s court un limited jurisdiction to punish for contempt,

I have called for and perused the trial record.   It shows that the applicant, who was the complainant interrupted the court proceedings when he was being cross examined.  He was then sentenced hence this application.

The act states that one may appeal against such a sentence.  He has opted to apply for a review.

I note he raises, old age, health issues and that the sentence was excessive as the grounds for review.

  1. Subsection 6  of the Magistrates’ court act, as set above, states that the sentence  under section 1 is   5 days imprisonment or a fine of Ksh 100,000. The higher penalties   were stipulated in the Contempt of Court   Act which was declared unconstitutional. Consequently the 21 days sentence was excessive and it is  hereby set aside.

The Applicant is set at liberty but he is warned to respect the court .

He should also consider making some peace with other side whom I note are his in laws or former in laws albeit for his own peace , mental health and advancing age.

It is so ordered.

Dated Signed  and delivered this 29th day of January 2025.

Lady Justice Wendy Kagendo

In the presence of :

MR. NGIRI  FOR THE RESPONDENT

MS  DEBORA COURT ASSISTANT

MR MATHARE ADVOCATE FOR THE APPLICANT

.

    SALIM SAID VS The Republic SALIM SAID VS The Republic