Case law
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Division and case type: Constitutional and Human RightsElection Petition
…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…
…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…
Division and case type: CriminalMiscellaneous Criminal Application
…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.…
Division and case type: CivilCivil Appeal
…There is no specific ground of appeal against this but we allowed Mr Ngatia to address us on the matter as we felt that the judge had wrongly exercised his discretion by ordering the appellants to pay the Mayor’s costs.…