AGADVOKS GLOBALKENYA · ENGLISH
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Contempt of Court Act

19. Use of recording devices

Edition: 2022-12-31 · In force

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19. Use of recording devices

(1)Subject to subsection (4), it is contempt of court to—
(a)use in court any recording device or instrument for recording proceedings, a tape recorder or other instrument for recording sound, except with the leave of the court;
(b)publish a recording of legal proceedings made by means of any such instrument, or any recording derived directly or indirectly from it, by playing it in the hearing of the public or any section of the public, or disposes of it or any recording so derived, with a view to such publication; or
(c)use any such recording in contravention of any conditions granted under paragraph (a).
(2)Leave under subsection (1)(a) may be granted or refused by the court, and where such leave is granted, it may be subject to such reasonable conditions as the court considers necessary.
(3)Without prejudice to any other power to deal with an act of contempt under subsection (1) (a), the court may order the instrument, device or any recording made with it, or both, to be forfeited, and any object so forfeited shall, unless the court otherwise determines on application by a person appearing to be the owner, be sold or otherwise disposed of in such manner as the court may direct.
(4)This section shall not apply to the making or use of sound recordings for purposes of official transcripts of proceedings.
(5)For purposes of this section "recording" includes any visual or audio recording.
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Source: Kenya Law