The High Court has declined to entertain an oral application seeking to cite President William Ruto and Attorney General Dorcas Oduor for contempt of court over the appointment of members to the Independent Electoral and Boundaries Commission (IEBC), despite an existing court order staying the process.
Delivering its ruling this afternoon, a three-judge bench underscored the seriousness of contempt proceedings, emphasizing that due process must be followed before any such sanctions can be imposed.
The petitioners had asked the court to find the President and AG in contempt for allegedly disregarding a prior order by Justice Lawrence Mugambi, which had temporarily suspended the IEBC appointment process. They argued the state officials had acted in defiance of the court and should face legal consequences.
However, the respondents objected, arguing that the contempt motion was made orally and targeted individuals who were not formally part of the proceedings and had not been given a chance to respond.
The court concurred, stating that while compliance with court orders is vital to upholding the rule of law, the principles of a fair hearing must also be maintained.
“Failure to comply with court orders may attract penalties, including fines or imprisonment,” the court noted. “However, those alleged to be in contempt must first be granted an opportunity to be heard.”
Concluding, the bench ruled: “The issue, being grave, cannot be determined through oral submissions—particularly against individuals who are not parties to the proceedings and who have not been afforded the right to be heard.”
