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…Sentencing is a matter of judicial discretion and it is well settled that appellate courts must exercise restraint in interfering with judicial discretion.…

…In the case of Mbogo v Shah [1968] EA 93 the Court of Appeal considered an invitation to interfere with the exercise of judicial discretion and stated: [A] Court of Appeal should not interfere with the exercise of the discretion…

…We must also reaffirm that, although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each crime in statute.…

…While affirming that sentencing is an exercise of judicial discretion, the Supreme Court emphatically stated that it is Parliament and not the Judiciary that sets the parameters of sentencing for each crime in statute.…

…discretion, a rather stronger case will have to be made out.…

…discretion, a stronger case is required.…

…We must also reaffirm that, although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each crime in statute.…

…While affirming that sentencing is an exercise of judicial discretion, the Supreme Court emphatically stated that it is Parliament and not the Judiciary, that sets the parameters of sentencing for each crime, in statute.…

…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…

…Further, the Supreme Court held that although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each crime in statute.…

…It should be noted that sentencing is an exercise of judicial discretion, and therefore provisions which provide for mandatory sentence compromise that discretion, and are the exception rather than the rule.…

…Sentencing is a matter of judicial discretion and it is well settled that appellate courts must exercise restraint in interfering with judicial discretion (see Mbogo v Shah [1968] EA 93).…

…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…

…This application thus concerns the exercise of my judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Code even though the same order and rules were not shown in the chamber summons filed by the applicant…

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

…In the case of Mbogo v Shah [1968] EA 93 where the Court of Appeal considered an invitation to interfere with the exercise of judicial discretion and stated: [A] Court of Appeal should not interfere with the exercise of the…

…In so stating the learned judges held as follows; “We must also reaffirm that, although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each…

…As held above, in as much as sentencing is an exercise of judicial discretion, it is not the Judiciary that sets out the sentencing parameters as contained in statute.…

…The Courts have always frowned on mandatory sentences that place a limitation judicial discretion. In S vs.…

…The trial court failed to exercise its judicial discretion in sentencing contrary to the principle of separation of powers and judicial independence as enshrined under article 160(1) of the Constitution of Kenya, 2010. 27…

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

…minimum sentence can neither be used interchangeably nor in similar circumstances as they refer to two very different set of meanings and circumstances………. 66.We must also reaffirm that, although sentencing is an exercise of judicial…

…The Courts have always frowned on mandatory sentences that place a limitation judicial discretion. In S vs.…

…The trial court failed to exercise its judicial discretion in sentencing contrary to the principle of separation of powers and judicial independence as enshrined under article 160(1) of the Constitution of Kenya, 2010. 27…

…The gravamen of the appeal concerns the constitutionality of indeterminate life imprisonment in the context of sexual offences, specifically focusing on whether the trial court abdicated its judicial discretion by following…

…court rests entirely on one pertinent issue regarding the constitutionality of indeterminate life imprisonment in the context of sexual offences against minors, specifically focusing on whether the trial court abdicated its judicial…

…In so stating the learned judges held as follows; “We must also reaffirm that, although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each…

…As held above, in as much as sentencing is an exercise of judicial discretion, it is not the Judiciary that sets out the sentencing parameters as contained in statute.…

…Granting bail pending appeal is therefore no longer an automatic right but a judicial discretion and the applicant must demonstrate that: a) The appeal has overwhelming chances of success; b) There are exceptional or unusual…

…circumstances warranting exercise of judicial discretion to grant bail pending appeal; c) There is a high probability of the sentence being served before the appeal is heard. 16.…

…Thus, the superior costs in particular the Court of Appeal and the High Court have since established a culture of frowning upon mandatory sentences in as much as they encumber or place limitation on judicial discretion. 5…

…The learned Magistrate erred by failing to consider that the mandatory nature of Section 8(3) of the Sexual Offences Act fetters judicial discretion not to consider the appellant’s mitigating circumstances on record prior…

…(2023) and Article 28 of the Constitution. 2) THAT, the learned trial magistrate misapplied the Supreme Court decision in Republic v Joshua Gichuki Mwangi by treating the minimum sentence as mandatory, thereby fettering judicial…

…discretion. 3) THAT, the learned trial magistrate failed to consider the Appellant's status as a first offender, his remorse, his guilty plea, and the victim's family's forgiveness, contrary to established sentencing jurisprudence…

…discretion contrary to Article 160 of the Constitution.…

…of sustaining a safe conviction and lastly for disregarding the Appellant's defence which was plausible and credible and by imposing a fettered mandatory sentence of twenty (20) years thereby undermining the exercise of judicial…