ANTONY
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.
