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…The discretion is unfeterred, subject only to the implied fetter upon all such discretions, namely that they should be exercised judicially. 3.…

…Under rule 1 of order XXV the court has discretion to order that security be furnished in any case where it thinks fit.…

…AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion…

…The court has a wide discretion in this matter.…

…But this discretion, howsoever wide it may be, is a discretion to be exercised judicially having regard to the particular circumstances of each case.…

…Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true. But like all discretion it must be judicially exercised.…

…Here, there is no material before me on which I can base an exercise of my discretion in favour of the applicant.…

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…The applicants essentially beg this court to exercise its judicial discretion in their favour.…

…Mr Shah invited me to exercise my judicial discretion in their favour on that ground. The exercise of judicial discretion to set aside, or not to set aside is unlimited provided it is exercised judicially.…

…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…

…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…

…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

…APPEAL NO. 97 OF 1988) ********************* RULING OF THE COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules…

…Njage, counsel for the applicant, asks us in this reference under rule 54(1) (b) to vary, discharge or reverse the decision of the single judge on the ground that, he, in the exercise of his discretion failed to take into…

…I am aware that under order 9A rule 10 and order 9B rule 8 the Court’s discretion to set aside a judgment entered ex parte is wide and unfettered but all the same that discretion must be exercised according to law in conformity…

…The principles upon which the Court exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all…

…That this be at the court discretion on whether a matter dismissed for non attendance be dismissed or not. III: Findings 12.None of the parties have been heard on merits in this case.…

…soon as practicable made similar application. 15.The advocate for the plaintiff admitted some oversights on their part which should not be visited on their clients. 16.In the case law of MAINA V MURIUKI (1984) KLR 408 the discretion…

…To turn now to the question of sentence, we recognize that the issue of sentencing is the trial court’s discretion.…

…“An appellate court should not interfere with the discretion exercised by a trial Judge in matters of sentence unless it is evident that he has acted upon some wrong principle or overlooked some material factor” R v Mohamendali…

…In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs. Dated and delivered at Nairobi this 25th day of October, 1999. A.A. LAKHA .................…

…In the instant application the defendants have endeavoured to explain their counsel’s non-attendance and have advanced reasons why I should exercise my unfettered judicial discretion in favour of setting aside the order.…

…There is no material to make me exercise my discretion in favour of vacating the order made on 8th May 1990. I disallow the application. Costs to the respondent assessed at Kshs 800/=. Orders accordingly.…

…if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis upon which I can exercise my discretion…

…Nyangau's persuasive skill to exercise my wide and unfettered discretion in favour of the applicant, who once he found out the true facts, moved this Court without undue delay.…

…Mr Malik claimed that I have a discretion in the matter which I should exercise in favour of upholding the Deed. With respect I do not think that I have any such discretion.…

…In any event, there exists no basis for the exercise of a discretion since I do not have sufficient facts before me to decide where K’s interest lies.…

…Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.…

…However, in exercise of his discretion to do justice in the matter, he decided that it would occasion a grave injustice to do so particularly in view of the fact that thousands of depositors would thereby be affected.…

…In my view, by reason of the plaintiff’s failure to comply with the order made by Mulwa, J. is undeserving of the courts discretion and this suit should to be dismissed with costs. It is so ordered.…