The Supreme Court of Kenya, through Chief Justice Martha Koome, has revised its formal programme for the December recess, revoking an earlier directive and issuing a new notice to guide court operations during the festive season.
In a Gazette Notice No. 16785, dated October 22, 2025, the Supreme Court stated that it explicitly nullifies the initial notice issued through Gazette Notice No. 15209 of 2025.
The Supreme Court December Recess will commence on Sunday, the 21st December, 2025, and terminate on Thursday, the 13th January, 2026, both days inclusive.
Background of the Revision
The initial notice, Gazette No. 15209, had outlined the recess period for the Supreme Court, stating that the break would run from December 21, 2025, to January 13, 2026.
According to the initial notice, both days would be inclusive.
The notice also assured litigants that a duty judge would be available to handle urgent matters during the recess, while the Supreme Court Registry would remain open on weekdays from 8:30 a.m. to 5:00 p.m., excluding public holidays.
However, Chief Justice Martha Koome has issued a fresh directive under Gazette Notice No. 16785, reaffirming the same recess dates but formally revoking the earlier notice.
Koome did not state the specific reasons for revoking the earlier notice, nor did she include them in the latter gazette notice.
Administrative adjustments within the judiciary are routine and typically serve to resolve procedural inconsistencies or align official notices with updated court protocols.
Key Provisions in Koome’s New Notice
The new directive preserves the essential elements of the previous announcement, ensuring uninterrupted court operations during the holiday period.
Under the revised schedule, the Supreme Court will begin its December recess on Sunday, December 21, 2025, and conclude on Tuesday, January 13, 2026.
A duty judge will remain available throughout the recess to address urgent applications, ensuring continued access to justice.
The Supreme Court Registry will continue to serve the public on weekdays from 8:30 a.m. to 5:00 p.m., except on public holidays, in order to ensure that filings and administrative processes are not disrupted.
The Supreme Court has attributed the decisions to its commitment to maintaining essential services while allowing judicial officers and staff a structured period of rest.
Implications for Litigants and Advocates
For litigants and legal practitioners, the confirmation of recess dates provides clarity for case scheduling and filing deadlines.
Urgent matters, such as applications for stay orders or injunctions, can still be addressed during the recess through the duty judge mechanism.
Advocates are also advised to plan their filings accordingly, given the limited operational capacity during this period.
While the revised recess temporarily suspends regular hearings, urgent applications such as stay orders, injunctions, and matters requiring immediate judicial intervention will still be heard by the duty judge.
This is to ensure that critical issues are not postponed and left unattended to die to the recess period.
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Parties involved in appeals and constitutional petitions now have the opportunity to adjust timelines and strategize their filings with the confirmation of the recess dates.
Advocates are encouraged to submit any time-sensitive documents before the recess begins to avoid unnecessary delays.
Legal Basis for the Recess
The power to declare a recess for the Supreme Court is anchored in Article 163(1)(a) of the Constitution of Kenya, which establishes the court and its administrative authority.
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This mandate is further supported by sections 6A and 29D of the Supreme Court Act, 2011, outlining the operational framework, and by the Supreme Court Rules, 2020, particularly Rules 4, 5, and 7, which govern procedural matters.
These provisions collectively empower the Chief Justice to organize recess periods while ensuring that mechanisms for urgent judicial interventions remain unaffected.
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