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…If no notice is given the judge would have a discretion whether or not to admit the evidence. Such a decision is only persuasive here in Kenya, but it is interesting to see the approach taken.…

…The appellate court will not ordinarily interfere with the discretion exercised by the lower court unless it is evident that the lower court has acted upon some wrong principle or overlooked some material factor, or the sentence…

…The court has discretion either to allow or refuse to give its consent to such withdrawal.…

…As for sentence, the court at the appeal stage can only interfere with the lower court's discretion as to sentence if it is shown that the lower court proceeded on a wrong principle or awarded too excessive sentence or too…

…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…

…The prosecution does have discretion of who to call as a witness. This was observed in the case of JULIUS KALEWA MUTUNGA V REPUBLIC which was cited by the court of appeal in the case of JWA VS REPUBLIC [2014] eKLR.…

…Moving on the question of forfeiture, counsel for the appellants submitted that the order for forfeiture of 90 bags of maize was uncalled for, and the discretion of the Court in so making the order was injudiciously exercised…

…There remains, however, even, if this practice is preached, as with other rules of practice, the discretion vested in the trial judge whether or not to admit the confession.…

…It is not improper to file an inforation containing two or more counts of murder, and it is within the discretion of the court to allow or disallow this.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…