ADVOKS GLOBAL · KENYA
Contempt of Court Act
13. Defence of innocent publication or distribution
Edition: 2022-12-31 · In force
13. Defence of innocent publication or distribution
(1)A person is not guilty of contempt of court under the strict liability rule if that person has published any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceedings pending at the time of publication, if at that time, that person had no reason to believe that the proceedings were pending.(2)Notwithstanding anything to the contrary contained in this Act or any other law, the publication of any matter referred to in subsection (1) in connection with any civil or criminal proceeding which is not pending at the time of publication does not constitute contempt of court.(3)A person shall not be guilty of contempt of court under the strict liability rule if that person distributed a publication containing any matter referred to in subsection (1), if at the time of distribution that person did not know or had no reason to believe that it contained such matter or was likely to contain any such matter.(4)The burden of proof of any fact tending to establish a defence under this section to any person is upon that person.(5)Subsection (3) does not apply in respect of distribution of—(a)any publication which is a book or paper printed or published; or(b)any publication which is a newspaper published, other than in conformity with the Books and Newspapers Act (Cap. 111).