Section 27 of the contempt of court Act No27 of 2016 subsection g provides that

Section 27 of the contempt of court act no27 of 2016

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Section 27 of the contempt of court Act No.27 of 2016 subsection (g) provides that a person who publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private is said to have committed the offence of contempt of court 29 . Section 14 (1) however states that, 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. 30 It goes further to state that ‘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 29 Contempt of court act no.27 of 2016 30 Section 14 contempt of Court Act
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not know or had no reason to believe that it contained such matter or was likely to contain any such matter. The burden of proof of any fact tending to establish a defence under this section to any person is upon that person. Justice demands that the media or persons who wish to dwell into an ongoing proceeding, they are only to do so when the matter is of general public importance and hence not a matter of general public importance can be discussed. The Judicature Act CAP 8 of the laws of Kenya ,which was repealed with No.46 of 2016 Section 5 (1) states that; The High court and the Court of Appeal shall have the same powers to punish for contempt of court as is for the time being and uphold dignity and authority of subordination. Bibliography Statutes Advocates Act Evidence Act (2014) Chapter 80, Laws of Kenya. Case law Republic v Ahmad Abolfathi Mohammed & Another [2019]eKLR Kwanza Estate v Dubai Bank limited [2014] eKLR King Woolen Mills and Another v. Kaplan and Stratton Advocates Nairobi Civil Appeal No.55 of 1993. Codes Law Society of Kenya, ‘Code of Ethics and Conduct for Advocates ‘( January ,2016) Available at < - ADVOCATES-(1ST%20DRAFT).pdf > Accessed on 11 April 2019. Books Tom Ojienda and Katarina Juma, Professional Ethics: A Kenyan Perspective (Law Africa, 2011).
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Articles Robert Bell and Caroline Abela, A lawyers Duty to the Court . Available at , %20Court%20-%20Abela%20and%20Bell.pdf > accessed on 12 April 2019 Speeches G.T.Pagone, ‘ The Advocate’s duty to the court in adversarial proceedings’ ( Victorian Bar Ethics Seminar, 2008) available at < > accessed on 12 April 2019
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