RULING
Following the dismissal of an appeal to this Court by the Teachers Service Commission (the appellant) against the decision of the superior court (Maraga J.) in Nakuru High Court Civil Case No. 65 of 2006, Simon P. Kamau and 19 others, ( the respondents) filed their bill of costs which was later, on 4th April 2011, taxed at Kshs.382,600,000/=. The appellant was dissatisfied with the taxation, and by dint of the provisions of rule 112 of the Rules of this Court, it was expected to file a reference to a judge for his decision on the matter as the justice of the case may require. The reference by rule 112 (3), should be made within seven days of the taxation.
The applicant did not make the reference within the stipulated period and hence the application before me for an extension of time within which to make the reference. The application is expressed to be brought under rules 4, 108, 111 and 112 of the Court Rules and section 3 of the Appellate Jurisdiction Act, Cap 9 of the Laws of…