Why I am looking forward to the decision in the contempt proceedings against Mkini

Posted on June 21, 2020


IMG-20191109-WA0061 edLord Denning, a famous judge of the English courts, had this to say about the law of contempt in the context of public criticism of the judiciary :

“…those who criticise us will remember that, from the nature of our office, we cannot reply to the criticisms. We cannot enter into public controversy. Still less into political controversy… nothing which is said by this person or that, nothing which is written by this pen or that, will deter us from doing what we believe is right…”

And then these all-important words :

“…we have never used the jurisdiction … to uphold our own dignity. Nor will we use it to suppress those who speak against us.”

I have read the comments in the article that forms the basis of the AG’s application to move contempt proceedings against Mkini.

Respectfully, I take a different view from him.

I have no doubt that the lawyers who will appear for Mkini will put forth a strong case to support their arguments as to why this application should be dismissed.

The AG, too, will make his case.

And the court will decide.

It will be telling, however it decides.