A few days ago, someone asked me a question that is going to be the topic of this piece.
“How should one conduct themselves in a court of law? Whether you are a party to the proceedings, coming to support a party or a member of the fourth estate?”
Grooming
First and foremost, decency is key. You should wear clothes that are respectful and modest.
Always avoid clothes that have offensive graphics and slogans.
Imagine how you would appear, going to court in a blouse or t-shirt that has insulting words or graphics showing guns.
Or, in a scenario where you have a gun tattoo and it’s showing when you stand on the dock.
Punctuality
Be punctual – Always be on time. Being late for court, especially if you are part of the case or if you are covering the proceedings, is considered disrespectful.
Bow – If you get to court after the magistrate or judge has, you are required to bow. This is to show your respect to the court.
Just before you get into the courtroom, take a bow and proceed to sit.
Follow court rules – Adhere to the court rules and follow the instructions given to you by the judicial officers.
Address the court heads appropriately – At the magistrate’s court, remember to address them as “Your Honor” and for the judges as “My Lord” or “My Lady”, dictated by their gender.
If you are at the tribunals, it is appropriate to use “Chairman”, “Madam Chair”, “Sir” or “Madam”.
Switch off your phone
Turn off your electronics – Always ensure that your phones, laptops and smartwatches are on silent mode before entering the courtroom.
Sounds and vibrations not only distract you but the whole court and are seen as a sign of disrespect.
You can set your phones on DND (Do Not Disturb), aeroplane mode or silent mode.
If you are on a virtual court session, ensure that you are muted unless it is your turn to speak and that your surroundings are not noisy.
“During virtual proceedings, inappropriate profiles and/ or background photos shall not to be used. Failure of which may lead to denial of audience before the court or removal from the session,” Chief Justice Martha Koome said in a January 10, Gazette Notice on the guidelines for virtual court proceedings.
Emotional outburst
Observe etiquette- When in court avoid distracting behaviors and stay calm and quiet.
Control your facial expression and voice to avoid distracting others in the room.
Emotional outbursts do not help your case they distract.
When addressed by the magistrate or judge, stand up unless otherwise directed.
Wait for your turn to speak. Do not interrupt.
Be honest – If called to stand, always provide honest information. Did you know that lying before a judicial official attracts a legal penalty?
Section 108(1) (a) of the Penal Code states that “Any person who, in any judicial proceeding, or to institute any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed perjury”.
Section 110 goes on to say that such a person is liable to imprisonment for seven years.
Follow court orders – When all is done, ensure that the directives of the court are followed to the latter and in case of any complaints, follow the proper channels.
Contempt of court attracts a fine not exceeding Sh200,000 or imprisonment for a term not exceeding six months, or both.
