RULING ON QUESTION OF URGENCY
1. On 18th July 2019, I declined to certify as urgent, an application by the respondent dated 17th July 2019 seeking orders for arrest of judgment and for the rehearing of this appeal. Subsequently, the respondent sought a hearing inter partes on the question of urgency under Rule 47(5) of the Court of Appeal Rules. I heard counsel on the matter of urgency on 24th September 2019.
2. Learned counsel for the applicant, Mrs. Makuto, submitted that during the hearing of the appeal on 17th June 2019, the advocate who was handling the matter on behalf of the respondent in the appeal, Mr. Muchiri, was unwell and the hearing of the appellant’s appeal proceeded ex parte and judgment was reserved for 4th October 2019; that there is urgency in that the applicant, in the application dated 17th July 2019, seeks arrest of that judgment so that the respondent in the appeal can be heard.
3. According to Ms. N. Malik learned counsel for the appellant, there is no urgency in …