Miguna Miguna Questions Judiciary’s ‘Summer Vacation’ as Debate on Court Delays Intensifies

NAIROBI, Kenya — Lawyer Miguna Miguna has called for the abolition of the Judiciary’s annual “summer vacation,” describing the practice as an outdated colonial relic that contributes to delays in the administration of justice.

In a statement posted on X, Miguna questioned why Kenyan courts continue to observe a judicial recess commonly referred to as a “summer vacation,” despite Kenya not experiencing a summer season.

“Why do Kenyan judges and magistrates take ‘summer vacations’ when there is no summer in Kenya?” Miguna posed.

He argued that even in countries that experience summer, courts generally remain operational throughout the year, with judicial officers taking individual leave rather than entire courts suspending normal operations.

“Even in jurisdictions where there is summer, there is no summer vacation for all judicial officers. The only people who take summer vacations are those whose earned vacations fall during a summer month and rarely do vacations last for more than 30 days. All courts run efficiently on full schedule throughout the year,” he wrote.

Miguna urged the Judiciary to abolish what he termed a colonial-era practice.

“Abolish the foolish colonial hangover called summer vacations in Kenya! You are wasting a lot of time and resources and undermining the course of justice!” he said.

His remarks come amid renewed scrutiny of the Judiciary’s workload following claims by Senior Counsel Ahmednasir Abdullahi that judges spend relatively few days hearing cases each year, contributing to persistent case backlogs.

Earlier this week, Ahmednasir argued that High Court and Court of Appeal judges sit in court for an average of 54 days annually, after accounting for weekends, judicial recesses, annual leave, public holidays, training programmes and other official engagements.

According to his calculations, the Judiciary’s calendar includes a 45-day August–September recess, a 21-day Christmas vacation, a 14-day Easter vacation, annual leave and time spent attending workshops, seminars and official travel.

“With judges working just 54 days a year, do you now understand the second biggest challenge facing the courts?” Ahmednasir wrote on X.

He argued that the limited number of sitting days helps explain why Kenyan courts continue to experience significant delays despite successive appointments of additional judges over the years.

Miguna’s comments add another voice to the ongoing public debate over judicial efficiency, particularly as litigants continue to face lengthy waits for the hearing and determination of civil, criminal and constitutional cases.