RULING
Whether or not to certify an application urgent for immediate hearing is a discretionary power. (See Sahit Investments Ltd v. Josephine Akoth Onyango, CA. No. 27 of 2015). The Court does not certify applications urgent as a matter of course. However, like all judicial discretionary power, that power has to be exercised, not arbitrarily, whimsically or capriciously, but rather on the basis of evidence and reason.
In Jared Okello v. Charles Otieno Opiyo and 3 Others, CA No. 151 of 2017, it was observed as follows:
“Certifying a matter urgent means that the same is to be set down for hearing and determination immediately. It gets priority over other matters, even though they were filed earlier in time and the parties have been waiting patiently for their turn. Before a matter can be allowed to jump the queue, it must be shown to deserve priority hearing. That approach is deliberate and dictated by the principles and values of fairness to all litigants and case management consideratio…