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…It is well settled that appellate courts must exercise restraint in interfering with judicial discretion.…

…discretion of a judge unless it is satisfied that the judge in exercising his discretion has misdirected himself in some matter and as a result has arrived at a wrong decision, or unless it is manifest from the case as a…

…Republic [2002] eKLR restated as hereunder: - “It is now settled law, following several authorities by this Court and by the High Court, that sentence is a matter that rests in the discretion of the trial court.…

…Far from it, in that paragraph, we stated categorically that; “[48] Section 204 of the Penal Code deprives the Court of the use of judicial discretion in a matter of life and death.…

…That courts should, as far as possible, have an unfettered discretion in relation to sentence is a cherished principle which calls for constant recognition.…

…Such discretion permits of balanced and fair sentencing, which is a hallmark of enlightened criminal justice.…

…The Honourable Court was urged to use its discretion on the sentence review.…

…In the present application, the Applicant challenges the exercise of judicial discretion by the trial court.…

…It is trite law of practice that sentence is a matter that rests in the discretion of the trial court. In the case of Bernard Kimani Gacheru v.…

…R [2002] eKLR stated that- “It is now settled law, following several authorities by this Court and by the High Court, that sentence is a matter that rests in the discretion of the trial court.…

…That the imposition of mandatory minimum sentence implies that the trial magistrate erred in lawn and fact when it failed to exercise its discretion in sentencing. 10.…

…The appellate Court must not lose sight of the fact that in sentencing, the trial Court exercised discretion and if the discretion is exercised judiciously and not capriciously, then appellate Court should be slow to interfere…

…What is prescribed is the least severe sentence a court can issue, leaving it open to the discretion of the courts to impose a harsher sentence.…

…The court gave out a sentence of 30 years. sentencing is the discretion of the court.…

…Whether the learned trial magistrate properly exercised her discretion in granting leave and, consequently, whether the appeal is merited. 10.…

…Whether the learned trial magistrate properly exercised discretion 42. The grant of leave to institute private prosecution involves judicial discretion.…

…What is prescribed is the least severe sentence a court can issue, leaving it open to the discretion of the courts to impose a harsher sentence.…

…The Respondent contended that the Court properly exercised discretion and the Appellate court should not interfere.…

…In appropriate cases therefore, the court, freely exercising its discretion in sentencing, should be able to impose any of the sentences prescribed, if the circumstances of the case so demand.…

…Sentencing is an exercise of judicial discretion by the trial court which discretion should never be interfered with unless the trial court acted upon wrong principles or overlooked some material factors or took into account…

…Republic (2017) eKLR (Muruatetu 1) those who were convicted of Sexual Offences and whose sentences were passed on the basis that the trial courts had no discretion but to impose the said mandatory minimum sentence are at…

…Republic [2018] eKLR, where the appeal court stated: - “We hold that the Provisions of Section 8 of the Sexual Offences Act must be interpreted so as not take away the discretion of the court in sentencing.…

…not excessive and the same was meted out in exercise of discretion.…

…This decision seemed to have unshackled the courts to exercise their sentencing discretions. 18.…

…The Court's discretion to set aside a dismissal order is unfettered, but it must be exercised judicially and upon defined principles.…

…The primary purpose of the discretion is to do justice to the parties and to avoid injustice or hardship resulting from accident, inadvertence, or excusable mistake or error. 23.…

…He cited the case of Evans Wanyonyi v Republic and Fatuma Sassan Solo v Republic where the court held that sentencing is a matter of the discretion of the trial court.…

…ANALYSIS AND DETERMINATION The sole issue before the court is on sentence and for the court to interfere with the sentence herein, bearing in mind that sentencing is a matter of discretion by the court, this Court will be…

…He argued that this was a case where the Trial Court ought to have exercised discretion during sentencing.…

…He further relied on several cases among them the Muruatetu Case (Supra) where it was held that the mandatory nature of mandatory minimum sentenced deprives the courts their legitimate jurisdiction to exercise discretion.…

…It was submitted that the discretion of the trial magistrate was curtailed and he sought a lesser sentence.…

…The appellant in his submissions argues that in the case of Dismas Wafula Kilwake v Republic (2018) eKLR, the court held that section 8 of the Sexual Offences Act must be interpreted to take away the court’s discretion.…

…The trial court cannot be faulted in the manner it exercised discretion in the circumstances. 4. The sentence was imposed after the decision in Francis Karioko Muruatetu & another vs.…

…As the 2 decisions have opened the doors for exercise of discretion, I will apply them in this appeal, to re-visit the sentence that was imposed on the appellant herein. 6.…

…The admission to bail pending appeal is purely discretional to the Court; The Court of Appeal has set the standard to be met for the Court to exercise its discretion in admitting the Applicant to bail pending appeal; case…

…appeal; Unlike bail pending trial which is a right, the order sought by the Applicant is discretionary; therefore it is for this court to determine whether the application before it is a suitable case for it to exercise its discretion…

…Sentencing is the discretion of the trial court but such discretion must be exercised judiciously and not capriciously.…

…The discretion is however limited to the statutory minimum and maximum penalty prescribed for a particular offence. 36.…