Court declines to entertain contempt application against President Ruto in IEBC appointments case

The High Court has declined to entertain an oral application seeking to cite the President and other state officials for contempt of court over the appointment of members to the Independent Electoral and Boundaries Commission (IEBC), despite earlier court orders staying the process.

In a ruling delivered Tuesday afternoon, the court emphasized the gravity of contempt proceedings and insisted that due process must be followed before such sanctions can be imposed.

The petitioners had asked the court to find that the Head of State, along with the AG, who allegedly had knowledge of a prior court order issued by Justice Lawrence Mugambi suspending the appointment of IEBC commissioners, had acted in defiance of the court and should therefore be held in contempt.

However, the respondents opposed the move, arguing that the court could not make such a finding in respect of individuals who were not formally enjoined as parties in the case.

They further maintained that contempt proceedings could not be initiated orally or against persons who had not been given an opportunity to respond.

In its ruling, the court observed that, while obedience to court orders is fundamental to the rule of law and the stability of any democratic society, the right to a fair hearing must also be upheld.

“Failure to comply with court orders may attract penalties, including fines or imprisonment,” the court stated. “However, those alleged to be in contempt must first be granted an opportunity to be heard,” the court noted.

"The issue being grave cannot be determined in oral submissions, particularly against individuals who are not parties to the proceedings and who have not been afforded the right to be heard,” the three-judge bench concluded.