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…Mr Justice J S Patel had failed to exercise his discretion judicially. Mr Waweru in urging Nduhius’s appeal had no more to add than the failure to draw and file the reply was not Nduhiu’s fault.…

…Now Mr Justice J S Patel had a very wide discretion to exercise under the relevant order and rule and there were no limits and restrictions on the discretion of the learned judge except that if the judgment was varied it…