JUDGMENT OF THE COURT
This appeal arises from a tenancy relationship gone sour, and raises the vexed question of where to draw the balance between two fundamental principles: on the one hand, the power of the court to protect the authority and supremacy of the law, and on the other, its duty to protect and uphold the right of a citizen to a fair trial.
Before us are three related appeals, all involving the same parties but arising from different orders made by Ojwang, Ag. J. (as he then was) on diverse dates over a fortnight in September and October, 2004. The first, Civil Appeal No. 267 of 2004, arises from an order by the learned judge dated 22nd September, 2004 by which he cited the appellant, an advocate of the High Court, and the 4th and the 5th respondents for contempt of court and directed them to appear before him on 30th September, 2004 to show cause why they should not be committed to jail for contempt of court. For convenience we shall refer to the appellant and the 4th and 5…