Before the Court, and place before the Court today, is the Petitioners/Applicants' Notice of Motion Application dated 01/12/2025, which was filed on 04/12/2025 at 20:05hrs and system allocated to this Judge with an activity date of today, 17/12/2025.
The Petitioners/Applicants' Notice of Motion Application dated 01/12/2025 features only one prayer, being: " 1. This Application be certified as extremely urgent and the same be directed to be heard immediately in view of its extreme urgency."
While the Application contains grounds that contend that the Application seeks to stay the judgment in Cr No. 497 of 2015 which is said to be set to be delivered on 17/12/2025 by the lower court, the Application does not feature any prayers seeking any orders of stay or to restrain the delivery of the lower court's judgment. The only prayer is for the Application to be certified as extremely urgent and the Application to be subsequently heard and determined urgently.
In Daniel Otieno Migore v. South Nyanza Sugar Company Limited (2018) eKLR the Court reiterated the long-established principle that parties are bound by their pleadings. In the present case, this Court cannot descend into the gladiatorial arena and in effect re-draft the Petitioners/Applicants' Notice of Motion Application to give effect to what was perhaps the Application's intent. The Application, as filed, must stand or fall on its own two feet without any judicial assistance, since the Court is a neutral arbiter not a party.
That being said, it is clear that the Application herein is one that is ripe for summary determination. The solitary prayer for certification as urgent is declined, since there are no substantive prayers for which an urgent hearing and determination is required. Having declined the same, and there being no other prayers, there Application is fully determinable in Chambers by the Court declining the sought certification.
Consequently, and for the foregoing reasons, the Petitioners/Applicants' Notice of Motion Application dated 01/12/2025 is dismissed with no costs attributable to the same.
The judgment date of 15/01/2026 in this matter, in which the Hon. Mr. Justice Lawrence N. Mugamb i is set to deliver judgment, remains in place.
Orders accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS 17TH DAY OF DECEMBER IN THE YEAR 2025.
The Petitioners/Applicants' Notice of Motion Application dated 01/12/2025 features only one prayer, being: " 1. This Application be certified as extremely urgent and the same be directed to be heard immediately in view of its extreme urgency."
While the Application contains grounds that contend that the Application seeks to stay the judgment in Cr No. 497 of 2015 which is said to be set to be delivered on 17/12/2025 by the lower court, the Application does not feature any prayers seeking any orders of stay or to restrain the delivery of the lower court's judgment. The only prayer is for the Application to be certified as extremely urgent and the Application to be subsequently heard and determined urgently.
In Daniel Otieno Migore v. South Nyanza Sugar Company Limited (2018) eKLR the Court reiterated the long-established principle that parties are bound by their pleadings. In the present case, this Court cannot descend into the gladiatorial arena and in effect re-draft the Petitioners/Applicants' Notice of Motion Application to give effect to what was perhaps the Application's intent. The Application, as filed, must stand or fall on its own two feet without any judicial assistance, since the Court is a neutral arbiter not a party.
That being said, it is clear that the Application herein is one that is ripe for summary determination. The solitary prayer for certification as urgent is declined, since there are no substantive prayers for which an urgent hearing and determination is required. Having declined the same, and there being no other prayers, there Application is fully determinable in Chambers by the Court declining the sought certification.
Consequently, and for the foregoing reasons, the Petitioners/Applicants' Notice of Motion Application dated 01/12/2025 is dismissed with no costs attributable to the same.
The judgment date of 15/01/2026 in this matter, in which the Hon. Mr. Justice Lawrence N. Mugamb i is set to deliver judgment, remains in place.
Orders accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS 17TH DAY OF DECEMBER IN THE YEAR 2025.