Case law
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Division and case type: Milimani Commercial CourtsCriminal Case
…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…
…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…
…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…
Division and case type: Anti-CorruptionPetition
…23.The Court is being invited to exercise its discretion to set aside or vacate its orders made on 2nd July, 2015. I am aware that the discretion to set aside and or vacate Court orders should be exercised judicially.…
…That discretion must be exercised upon reasons and must be exercised judiciously.…
Division and case type: Anti-CorruptionCivil Suit
…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…This discretion has to be exercised judicially and the authorities which have been cited lay down the principles that have to be followed.…
…The trial court has a discretion on the nature and extent of the sentence to be imposed. The risk I referred to herein above does not exist in the present case.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…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…
Division and case type: Milimani Commercial CourtsCivil Suit
…That would require this court to enter into investigations and perhaps to exercise its discretion in order to make a finding. For that reason that ground will be rejected.…
Division and case type: Milimani Commercial CourtsCivil Case
…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…
Division and case type: Milimani Commercial CourtsCivil Suit
…the Plaintiff/Respondent is bound by the terms of the said order and cannot purport to act contrary to the said terms of the Order. d) THAT the previous conduct of the Plaintiff/Respondent is such as to lead the Court’s discretion…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…The court has discretion either to allow or refuse to give its consent to such withdrawal.…
Division and case type: Milimani Commercial CourtsCivil Case
…The costs of all suits are in the discretion of the court which has the power to determine by whom and out of what property and to what extent such costs are to be paid provided that they shall follow the event unless the…
…In the exercise of my discretion I now award the costs of the suit to the defendant Nzambi against the plaintiffs Munini and Musangi. So, in the end, the suit of Munini and Musangi is dismissed with costs to Nzambi.…