In a country founded on the rule of law, all disputes are supposedly resolved at the court. And the decisions of the court are supposed to be binding as that parties ought to abide by them.

However, in the instances where a party fails to abide by the orders issued by the court, the remedy is for the aggrieved party to institute contempt of court charges against them.

Currently Nakuru Governor Susan Kihika is facing contempt of court proceedings over the appointment of her 10 County Executive Committee members and 24 chief officers.

The petitioners who had obtained court orders stopping the vetting have accused Governor Kihika of disobeying the court orders after proceeding to appoint the CECs and Cos.

A contempt of court as defined in the contempt of Court Act of 2016 refers to the ‘willful disobedience of any judgment, decree, direction, order, or other process of a court or willful breach of an undertaking given to a court’.

However, for one to be found guilty of contempt of court, the applicant must satisfy three conditions before court.

First, there must be an existence of a valid court order containing clear and unambiguous terms which the respondent must be shown to be aware of and its terms.

Secondly, the respondent must be proved to have breached and or failed to comply with the order.

Thirdly, that the failure and or refusal to comply with the court order is willful and deliberate.

Among the people who have been held in contempt in Kenya include former pensions director, who was fined 200,000 for failing to pay retired teachers, Directorate of Criminal Investigations Director George Kinoti and recently the Egerton University Vice Chancellor and the university’s eight council members who were slapped with Sh100,000 fine or serve a 30 days’ jail term for disobeying orders to pay their lecturers.

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Explainer: What Does Contempt of Court Mean?

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Joseph Openda