High Court Rejects Oral Contempt Application Against President Ruto in IEBC Case

The High Court has dismissed an attempt to verbally accuse President William Ruto and other state officials of contempt of court. 

The application stemmed from the appointment of members to the Independent Electoral and Boundaries Commission , a process previously halted by court orders.

In its ruling on Tuesday afternoon, the court underscored the seriousness of contempt proceedings, stressing that proper legal procedures must be followed before imposing such penalties.

The petitioners had sought to hold the President and the Attorney General in contempt, alleging they knowingly defied a prior order from Justice Lawrence Mugambi that suspended the IEBC commissioner appointments.

However, the respondents countered, arguing that the court couldn't make such a finding against individuals who weren't formally part of the case. 

They also contended that contempt proceedings couldn't be initiated orally , without giving the accused an opportunity to respond.

The court acknowledged that adhering to court orders is crucial for the rule of law and a stable democracy. 

However, it also emphasized the importance of upholding the right to a fair hearing.

"Failing to comply with court orders can lead to penalties like fines or imprisonment," the court stated. "But those accused of contempt must first be given a chance to be heard."

The three-judge bench concluded, "Given its gravity, this issue cannot be decided based on oral arguments, especially against individuals who are not parties to these proceedings and who haven't been granted the right to be heard."