Supreme Court judges have warned Busia Senator Okiya Omtatah against disrespecting the Judiciary, citing the lawmaker for derogatory remarks which they said were contemptuous.
Omtatah has been in the limelight with his petition against the Finance Act 2023 which legally he challenged at the High Court.
High Court judge Mugure Thande on June 30 issued conservatory orders suspending the implementation of the Act in a huge blow to the government's plans for new tax measures.
But the state got a reprieve after Court of Appeal judges Mohammed Warsame, Kathurima M’Inoti and Hellen Omondi lifted those orders much to the anger of the Senator.
He moved to the Supreme Court to have Mugure Thande's orders reinstated by the apex court dismissed his appeal saying it was filed out of time.
Supreme Court judges led by Chief Justice Martha Koome, Deputy CJ Philomena Mwilu and Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isack Lenaola and William Ouko however took issue with Omtatah citing a viral video clip in which he was captured naming the judges in a derogatory manner.
"We must remind parties that the dignity and authority of this court and indeed any court of law should not be taken for granted," the judges said.
Omtatah was commenting on the appeal even when it was still pending before the judges.
"We would like to state without any equivocation that we shall not hesitate to cite and punish any party or person whose conduct interferes and attempts to interfere with the course of justice in relation to any matter pending determination before the court or whose conduct deliberately undermines the court's authority or dignity," the judges said.
The judges said the message in that video clip was insulting.
"We find the message delivered in that video clip contemptuous and debasing of the dignity of this court," they said in a ruling delivered on Friday, September 8, 2023.
Only last month, Omtatah told High Court judges David Majanja, Christine Meoli and Lawrence Mugambi who are hearing the Finance Act petition that their ruling was against public interest.
The Busia senator had sought to have National Assembly Speaker Moses Wetang'ula and his Senate counterpart Amason Kingi cross-examined over their affidavits.
Both Wetang'ula and Kingi have sworn affidavits saying there was a concurrence between the Senate and the National Assembly in passing the Finance Bill, 2023 which has since been signed into law.
But the judges declined the request.
"That ruling is not in my favour and you won't be serving justice if we continue like this," Omtatah told the bench.
"Please Mr Omtatah, we have made a ruling," Justice Majanja who is the presiding judge said.
But an angry Omtatah went on.
"The speaker has told lies. Lies which are very fundamental to this hearing. He has even claimed that I got documents unprocedurally yet I am a sitting Senator," Omtatah said.
"It is only fair he comes here to be cross-examined."
He was however shut down by Majanja who insisted the court had made its ruling as regards that application.
The judges are hearing the consolidated petitions challenging the implementation of the Finance Act 2023.