ADVOKS GLOBAL · KENYA
Contempt of Court Act
9. Defence to Contempt of court
Edition: 2022-12-31 · In force
9. Defence to Contempt of court
In proceedings for contempt of court, it shall be a defence if it is proved to the satisfaction of the court that the conduct in issue—(a)is a fair comment on the general working of the court made in good faith, in the public interest and in temperate language;(b)is a fair comment on the merits of a decision of a court made in good faith and in temperate language;(c)is a publication of a fair and substantially accurate report of any judicial proceeding;(d)is a publication of any matter amounting to contempt of court by reason of its being published during judicial proceedings, by a person who had no reasonable grounds to believe that such judicial proceedings were pending at the time of the publication of the matter;(e)pertains to distribution of a publication containing any matter amounting to contempt of court by a person who had no reasonable ground to believe that the publication contained or was likely to contain any such matter;(f)is a true declaration made in good faith and in temperate language for initiation of action or in the course of disciplinary proceedings against a judge or judicial officer;(g)is a plea of truth taken up as a defence in any contempt of court charge under this Act or any written law;(h)is a relevant observation made in judicial capacity by a superior court on an appeal or revision or application for transfer of a case or by a court in judicial proceedings against a judge or judicial officer;(i)is a remark made in an administrative capacity by an authority in the cause of official business, including a remark connected with a disciplinary inquiry or in an inspection note or a character roll or confidential report; or(j)pertains to any other matter exempted from constituting a commission of an offence of contempt of court under any other written law.