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KENYA UNION OF POST PRIMARY EDUCATION TEACHERS, AKELO MISORI, OMBOKO MILEMBA & WICK MWETHI NJENGA V. NJERU KANYAMBA

(2012) JELR 99893 (CA)

Court of Appeal  •  Civil Application 259 of 2012  •  9 Nov 2012  •  Kenya

Coram
Wanjiru Karanja

Judgement

RULING

This application was placed before me on 16th October, 2012 for directions on the issue of urgency pursuant to Rule 47 of the Court of Appeal Rules.

After going through the same, I was not persuaded that the same was urgent and so I declined to certify it as such. The main reason for not certifying it as urgent is that, due to the current dire shortage of Judges in this Court – currently standing at only seven available Judges who have to cover the entire country, it has been impossible to hear all applications that have been certified as urgent or to even allocate them hearing dates in the near future. What this has translated into is that, unless an application is extremely urgent for instance, in instances touching on deprivation of a person’s liberty or imminent danger of suffering irrecoverable loss, then the court will shy away from certifying a matter as urgent. It is against this backdrop that I declined to certify this matter as urgent.

I also studied the ruling of the le…

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