Can I be punished for disobeying a court order?
Magistrates' Courts Act, 2015 · sources read 5 Oct 2026
Yes. Wilfully disobeying a court judgment or order, or breaking an undertaking given to a court, is contempt of court, and a magistrate's court can punish it with up to 5 days in jail, a fine of up to KSh 100,000, or both.
- Where
- The court that made the order
Steps
- If someone is ignoring an order made in your case, raise it with the court that made the order. That court has power to punish contempt.
- If you are punished for contempt, you can appeal as if it were a criminal conviction and sentence.
Watch out
- Assaulting, threatening or insulting a magistrate, court officer or witness at court, or on the way to or from court, is also an offence.
- Interrupting or obstructing court proceedings is an offence too.
- Publishing words or doing acts that interfere with an ongoing case can also be contempt.
- If you misbehave in court, the police can be ordered to hold you in custody until the court rises for the day.
- The Contempt of Court Act, 2016 was declared invalid in full by the High Court in 2018 (Kenya Human Rights Commission v Attorney General), so do not rely on it. Contempt in a magistrate's court is dealt with under the Magistrates' Courts Act.
- The old High Court and Court of Appeal contempt power in section 5 of the Judicature Act still shows as deleted by the 2016 Contempt of Court Act in the current Kenya Law text, even though that Act was struck down. For contempt in those courts, get legal advice on which rules apply.
Who this covers
- Anyone bound by a court judgment, order or direction, or who gave an undertaking to a court.
Official sources (3)
- Magistrates' Courts Act, 2015 (No. 26 of 2015), s.10 new.kenyalaw.org · read 4 Oct 2026
- Kenya Human Rights Commission v Attorney General; Law Society of Kenya (Interested Party), Constitutional Petition 87 of 2017, [2018] KEHC 9656 (KLR) new.kenyalaw.org · read 5 Oct 2026
- Judicature Act (Cap. 8) new.kenyalaw.org · read 5 Oct 2026