The High Court of Kenya has announced a 25-day Christmas recess from on December 21, 2023, up to January 14, 2024.
Through a Gazette Notice, the High Court stated that all High Courts, the Employment and Labour Court, and the Environment and Land Court would remain closed.
“The Christmas Recess of the High Court and Courts of Equal Status shall commence on 21st December 2023 and terminate on 14th January 2024, both days inclusive,” read part of the notice.
However, High Court Principal Judge, Justice Eric Ogola, noted that Recess Duty Judges would be appointed to hear and try urgent matters during the holiday period.
Notably, the Recess Duty Judges would be appointed by the Presiding Judges of the respective High Court Stations and Divisions, the Principal Judge of the Employment and Labour Court, and the Principal Judge of the Environment and Land Court.
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Further, the offices of these courts, including Registries, would remain open to the public from 8:00am to 5:00pm on all weekdays other than public holidays during the recess.
Also, for court stations with a single judge, matters emanating therefrom would be handled in the nearest High Court station where a Recess Duty Judge is sitting.
High Court Recess justifiable
During a recess, most court activities are suspended. This includes trials, hearings, and the filing of new cases.
However, there are some exceptions. For example, some courts may hold emergency hearings during a recess to consider urgent matters, such as child custody or restraining orders.
Court recesses can have several benefits. They can give judges and court staff time to rest and recharge, which can help to improve the efficiency of the court system.
Furthermore, recesses can also allow courts to catch up on backlogged cases and to implement new procedures.
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Nonetheless, court recesses can also have some drawbacks. They can delay the resolution of cases, which can be frustrating for litigants.
Recesses can also lead to increased costs for litigants, who may have to pay for additional legal fees or travel expenses.
Overall, court recesses are a necessary part of the court system. They allow courts to function efficiently and to provide litigants with fair and timely justice.
