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…I now turn to consider whether I should exercise my discretion, under rule 4 of the Rules, to grant the application.…

…The starting point is, as it must be, rule 4 itself which confers the widest measure of discretion and makes no distinction between the various classes of cases.But like all discretion, it must be exercised judicially.…

…In these circumstances, I am of the view that there is no material before me on which I can base myself to grant an extension of time, howsoever wide and unfettered the discretion is under rule 4 of the Rules.…

…I must decline to exercise my discretion. Accordingly, the application fails and is dismissed with costs. Dated and delivered at Nairobi this 1st day of November, 1999. A.A. LAKHA ..................…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea regarding his clients being kept out of the land, I propose to exercise my discretion…

…Ochieng Oduol, Counsel for the Respondent's submissions that even if specifically pleaded as in this case (HCCC No. 1055 of 2000 and Counter-claim in HCCC No. 822 of 1996) interest being at the discretion of the court cannot…

…Finally, I deem it necessary to point out that although the Taxing Officers do have the discretion to either decrease or increase the instruction fees awardable in a Party and Party Bill of Costs, once he has exercised that…

…In the exercise of my discretion under rule 4 of the Rules of this Court, I therefore grant the applicant's application and order that the time for serving the applicant's Notice of Appeal be and is hereby extended to 4th…

…I always understood the rule to be that the party who seeks an indulgence must explain why a discretion should be exercised in his favour notwithstanding “inaction” or “delay” on his party.…

…I am unable to exercise my discretion in favour of the applicant. I do not consider this to be a fit or proper case for the exercise of my discretion. Accordingly, the application is dismissed with costs.…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.…

…And it followed, he continued, that he had no jurisdiction to exercise his discretion under “the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process…