Supreme Court Warns Omtatah of Consequences Over Comments on Judges

Koome and Omtatah
A photo collage of Chief Justice Martha Koome (Left) and Busia Senator Okiya Omtatah (Right).
Photo
Judiciary / Okiya Omtatah

Supreme Court has warned Busia Senator Okiya Omtatah of consequences over what they termed as making derogatory remarks about some Judges.

The warning came after Omtatah, a vocal critic of the government, allegedly made a series of statements against a section of the Supreme Court bench. 

However, the Supreme Court Judges failed to identify the issues that the activist had raised against them. 

Supreme Court Judges noted that Omtatah's remarks were unbecoming of a public official and a party in an ongoing case before the court.  

Busia Senator Okiya Omtatah during the Presidential Petition after the August General Election in 2022
Busia Senator Okiya Omtatah during the Presidential Petition after the August General Election in 2022.
Photo
Okiya Omtatah

"Our attention has been drawn to a video clip circulating in the public domain showing, Okiya Omtatah Okoiti, the 1st applicant in the instant Motion, naming Judges of this Court in a derogatory manner, even as this matter was pending before us," the court ruled.

"We must remind parties that the dignity and authority of this Court or indeed any court of law should not be taken for granted." 

In the statement, Supreme Court Judges reminded Omtatah that he could be held liable for his actions, noting that the Judiciary will not tolerate such behaviours.

"We would like to state without any equivocation that we shall not hesitate to cite and punish any party or person whose conduct interferes or attempts to interfere with the course of justice in relation to any matter pending determination before the Court or whose conduct deliberately undermines the Court’s authority or dignity," the judges ruled.

"We find the message delivered in that video clip contemptuous and debasing the dignity of this Court." 

The Contempt of Court Act, 2016 defines contempt of court as any act that interferes or tends to interfere with the course of justice.

The Act classifies contempt of court into two types, including direct contempt, which is committed in the presence of the court, such as disobeying a court order or disrupting a court proceeding.

Indirect contempt, which is committed outside the court, such as publishing false or misleading information about a court case.

The Act provides that a person who is convicted of contempt of court is liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both.

The Act also provides that a person who is found to be in contempt of court may be required to pay the costs of the proceedings.

The law of contempt of court is designed to protect the administration of justice. It ensures that the courts are able to function effectively and that the public can have confidence in the judicial process.

Milimani Law Courts
Milimani Law Courts that hosts a number of courts within the Judicial Service Commission (JSC).
Photo
Judiciary