By WAHOME THUKU

KENYA: A section of judges are unhappy with Chief Justice Willy Mutunga’s directive suspending their August vacation.

They feel the vacation, which was set to start in two weeks time, should not have been cancelled as it is provided for under the law.

Last week, a judge told lawyers in court that the suspension of the vacation could be contested court.

Dr Mutunga first announced the suspension of leave and vacations for judicial officers in February to enable them deal with the then anticipated election petitions.

And early this month, he directed judges to use the August vacation to deal with the backlog of criminal cases. He made the directive while inaugurating a new Court of Appeal in Malindi.

“Since I had already announced that there will be no court vacation this year, I am now directing that the one week when the judges would have held their colloquium be dedicated to intense service to reduce case backlog in criminal matters at the High Court and enhance access to criminal justice,” Mutunga announced.

“This could be a subject for litigation here in these courts since these vacations are provided by the statute,” a judge in Nairobi pointed out.

Under the rules set out in the Judicature Act, High Court judges enjoy three vacations­ – one starting before Good Friday and ending after Easter Monday; the second starting from August 1 to September 15 and the third from December 21 to January 13.

The High Court judges in the Coast have the August vacation running from August 1 to 18.

 The rules, however, allow them to CJ determine the sittings of the court by advertising and notifying the judges. He is also allowed to determine and gazzete the number of vacations.

The calendar

The vacations calendar does not apply to courts hearing criminal cases or criminal appeals

Judges spend the vacations writing judgments and rulings.

A vacation judge is appointed in rotation only to hear genuinely urgent applications and parties must first demonstrate this urgency to the court before being heard.

Vacations for the Court of Appeal are determined by the CJ as provided for under the Appellate Jurisdiction Act.

 The rules provide that no business will be conducted during the vacations, unless the Chief Justice otherwise directs, except the delivery of judgments and urgent matters.