R U L I N G
[1] On the 30th June, 2015, I declined to certify the applicant’s notice of motion dated 17th June, 2015 as urgent. The applicant has now moved the Court under Rule 47(5) of the Court Rules for certification of his motion as urgent following an inter parte hearing.
[2] Mr. Oyatsi counsel for the applicant has urged the Court to certify the motion as urgent maintaining that the motion is intended to preserve the status quo that has been obtaining since 22nd May, 2009 when the High Court gave a conditional order of stay of execution pending the hearing of Civil Appeal No.271 of 2009. The order of stay of execution pending appeal that was issued by the High Court, provided inter alia for the deposit of the decretal sum into an interest earning account in the joint names of the parties advocate.
[3] Following an application made by the 1st respondent Jonathan Kiprono Ruto for the release of the decretal sum, the High Court made an order on 21st November, 2014, which order was iss…