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…The Court in considering the application, exercises unfettered discretion. But like all such discretions, the Court must exercise the discretion judicially and not upon its own whims or capriciously.…

…In order to ensure that the discretion is exercised judicially, there are certain well settled principles that through many decided cases, have been accepted as guidelines to be followed by the courts.…

…The healthy principle from the stated point of challenging the discretion of the prerogative of mercy as subject for judicial review is as stated by H. W. R. Wade & C. F.…

…unlawful action as a matter of right and to live under the rule of Law, not the rule of discretion.…

…Khaminwa took exception to the several errors made by counsel and argued that the applicant was not deserving of the exercise of this court's discretion, which discretion a single judge of this court has, subject only to…

…Mr Khaminwa also referred us to the ruling of Hancox JA in NAI 56/83 Githere v Kimungu in which the applicant sought the exercise of the court’s discretion to extend time to file both notices of appeal and for instituting…