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…As the appellant had clearly explained how he acquired and assembled the parts of his vehicle, this was a matter which at best could have been left to the discretion of the Registrar of Motor Vehicles asto how best he could…

…I would vary the order made by the learned trial magistrate concerning the 1st registration of the appellant’s vehicle and instead, leave it to his discretion to see how best he could register separately the two vehicles…

…We think that the use of such strong language while trying to exercise a judicial discretion in a proper way is unwise, whilst applauding the thoughts which prompted that language.…

…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…

…I see no justification in interfering with the learned trial’s discretion in awarding that sentence. In view of the above, I order that this appeal be and is hereby dismissed in its entirety. Order accordingly.…

…However as was said in the case of R v Mohamed Ali Jamal [1948] 15 EACE 126: “An appellate court should not interfere with the discretion exercised by a trial judge or a magistrate to sentence except in such cases, where…

…First, the trial magistrate failed to use his judicial discretion and in doing so he denied in returning the suit motor vehicle to the applicant pending the hearing and determination of the trial in the Chief Magistrate’s…

…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…

…We are of the view that although the Act leaves a discretion in the Magistrate in such matters, in view of what we have said, we take the view that the discretion ought to be exercised in order to demonstrate that justice…

…extract a confession by unfair methods that court may properly criticize the conduct of such police officer; and may where the court is of the view that the voluntary nature of the confession is tainted thereby exercise its discretion…

…extract a confession by unfair methods that court may properly criticize the conduct of such police officer; and may where the court is of the view that the voluntary nature of the confession is tainted thereby exercise its discretion…

…He stressed that the word “shall” as is used in those sections meant a command to the committing magistrate to comply and that the question of exercising discretion did not arise.…