Anthony Mhikwa v Republic (HCD) 1968 460

Anthony Mhikwa v Republic (HCD) 1968 460

Accused was charged with contempt of court c/s 114, Penal Code, for showing disrespect to the court by laughing during the course of a trial in which he was involved. Accused said that a fly had entered his nose,which was the cause of the ensuing noise that he made. He was sentenced to 8 months imprisonment.

Held:

 (1) “It is to be presumed that an offence under s. 114(1) (a) of the Penal Code requires mens rea. The offender must intend to show disrespect to the officer administering justice or to the proceeding, in which he is engaged.” The record did not contain such a showing.

(2) The proper procedures for a court to follow in summarily dealing with contempt of court was set out by the Court of Appeal in Joseph Odhengo s/o Ogongo v. R. [(1954) 21 E.A.C.A. 302, a case involving the equivalent section of the Kenya Penal Code.]. These were not followed here.

(3) The maximum sentence of imprisonment permitted under s. 114 (2)is one month. (A fine can also be imposed). Thus the court erred in passing a sentence of eight months imprisonment .

(4) “(A) good principle to bear in mind when dealing with contempt of court cases is that trivial incidents ought not to be magnified into offences.”

Conviction quashed.