“"discretion"” — court decisions

Judgment[1999] KECA 11030 May 1999

MACCU MOTORS LIMITED v 1. BIKABHAI MATHURBHAI PATEL 2. FRANK KAMUNDI MWONGERA 3. CYPRIAN IBURI NGARURO 4. THE COMMISSIONER OF LANDS

Court of Appeal at NairobiEtyang,JUDGE APPEAL,BandulaCase number Criminal Miscellaneous Application 289 of 1997

Division and case type: CriminalMiscellaneous Application

…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.…

4 min read

Judgment[1991] KEHC 178 May 1991

Imanyara v Republic

High Court at Nairobijudge High Court,Judge Court,HeCase number Criminal Application 190 of 1991

Division and case type: CriminalCase number Criminal Application

…It is quite clear that the earlier decision on bail must be taken as a starting point, and any discretion exercised to grant bail must be based on the new matter presented before the court. 2.…

…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…

15 min read

Judgment[2021] KEHC 101220 December 2021

State v F.O.O

High Court at SiayaOkanda,He,WasongaCase number Criminal Case E021 of 2021

Division and case type: CriminalCriminal Case

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…

4 min read