Senior Government officials and politicians now have more room to show their might after a high court judge voided the Contempt of Court Act.
The court ruling by Justice Chacha Mwita opened doors to those who have often found themselves on the wrong side of the law for disobeying court orders.
Previously, this violation could attract a fine of not more than Ksh200,000 or a jail term of a period not exceeding six months.
Mwita, in his ruling, declared the entire Contempt of Court Act invalid for lack of public participation during its enactment.
The judge stated that it is the constitutional duty of Parliament to ensure public participation is adhered to and that the debates should be open to the public.
The Act was assented into Law in December 2016, seeking to safeguard the rule of law and ensure that court orders and directives are complied with.
Justice Mwita also indicated that the fines imposed by the Act have crippled the court’s power and that some provisions of the Act were inconsistent with the Constitution.
Power to punish for contempt, he said, is inherent and not granted by a statute.
The Kenya Human Rights Commission filed the case last year arguing that the Act limits powers of courts and shields public officers from harsh punishment.
The ruling comes at a time the Judiciary and even the Chief Justice David Maraga have complained of the many times court orders have been disobeyed by politicians.
In their suit paper, KHRC argued that; "the law imposes only Ksh200,000 penalty, which is an insignificant amount and will not have the force of penal sanction in punishing contempt.
"The law also waters down courts’ powers and renders them helpless and hapless in the face of defiance of orders".
