The 130 judges in Kenya have started their Christmas Recess which will end on January 14, 2018.
The vacation kicks off while there are 104,593 pending civil cases and 16,973 criminal matters.
VACATION NOTICE
According to a notice by Principal Judge of the High Court Richard Mwongo, the High Court sittings shall commence on January 15, 2018.
However, he indicated that the Elections Courts (those handling poll petitions) will continue to hear the petitions in strict compliance with the Election Act.
He further explained that there will be duty judges appointed to hear and try matters arising during the vacation period.
“In court stations with a single judge, the matters emanating therefrom will be handled in the nearest High Court station where a recess duty judge is siting, which shall be indicated in the station’s noticeboard by the presiding judge of such single judge station,” said Mr Mwongo.
He added that during the vacation the court registries will remain open to the public from 8am to 5pm on all weekdays, with the exception of public holidays.
DUTIES
Judges of the Environment and Lands Court and those of the Employment Court have also proceeded on recess and new cases would be filed at nearby court stations for allocation of dates.
All matters filed under a certificate of urgency during the vacation at the Nyeri Employment Court, which serves the whole Mt Kenya region, will be transferred to the Nairobi court before the duty judge for orders and directions.
The four judges of the Environment Court at the Kerugoya, Murang’a, Nyeri and Nyahururu law courts will be alternating to address new matters filed under a certificate of urgency.
Justice Boaz Olao of Kerugoya court will sit for the first week of the vacation, Justice Mary Oundo of Nyahururu for the second week, followed by Justice Lucy Waithaka of Nyeri and finally Justice Grace Kimei of Murang’a.
Each High Court station will have a duty judge to address the new matters.
COURT CASES
This year, 7,285 criminal cases were filed in the High Court and the judges resolved 5,171 cases, but there is a backlog of 94,686 criminal cases.
A total 16,973 criminal cases are pending to be resolved.
The judges are also staring at 104,593 civil cases pending in the High Court stations.
The cases include commercial matters, bankruptcy, family disputes, divorce, adoption, matrimonial properties, Judicial Review, among others.
There are 832 pending cases of divorce, with Nairobi and Mombasa having the highest numbers of 387 and 253 cases, respectively.