R U L I N G
On 14th October, 1999, the applicant, the Director of Pensions, took out a Notice of Motion under rule 5(2)(b) of the Rules of this Court, for an order that there be a stay of execution of the order made by O=Kubasu, J on 7th October, 1999. By that order the learned Judge decreed that the applicant be committed to civil jail within 30 days of the order if she will not have enforced his previous order made on 25th January, 1999, whereby she was commanded to effect payment of pension and gratuity to the respondent, the retired Chief Justice the Honourable Mr. Justice A. M. Cockar.
The application was accompanied by a certificate of urgency duly signed by Mr. Muigai, counsel for the applicant, and an affidavit deponed to by the applicant. It is averred that the application is extremely urgent and should be heard at the earliest possible moment because the applicant stands to be committed to civil jail if the application is not heard as soon as possible.
The application is made …