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…Discretion 23. Therefore, from the standpoint of law, costs are at the discretion of the Court that decides the case. 24.…

…Not unlike any other discretion, the discretion on costs has to be judicious and not capricious, whimsical or arbitrary. 25.…

…He submitted that the challenge concerned the exercise of discretion by the subordinate court.…

…In my view, a decision as to whether or not to grant a stay of execution is an exercise of discretion. The learned magistrate had unfettered discretion to grant or deny a stay.…

…Adoption is not automatic and involves judicial discretion which must be exercised judiciously and not mechanically according to Section 51(2) of the Advocates Act; b.…

…It is the view of this court that factors must be present that facilitate the exercise of discretion by a court even when a law provides for such discretion, otherwise its exercise of discretion would be considered as arbitrary…

…In the case of  Shanzu Investment Ltd v Commissioner of Lands [1993] eKLR, the Court pronounced as follows: “The Court has a very wide discretion under the order and rule and there are no limits and restrictions on the discretion…

…The jurisdiction to vary judgment being a judicial discretion should be exercised judicially; and, as is often said, whether judicial discretion should be exercised or withheld in a party’s favour, depends, on a large measure…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…

…the exercise of the discretion and that as a result there has been injustice.” 16.…

…to interference with discretion that : “...It is settled law that whenever a court is called upon to exercise its discretion, it must do so judiciously and not on caprice, whim, likes or dislikes.…

…(c) Thirdly the Court of Appeal should not interfere with the exercise of the discretion of a judge unless it is satisfied that the judge in exercising his discretion has misdirected himself in some matter and as a result…

…The respondents argued that the trial court properly exercised its discretion under Order 12 Rule 7, considering the totality of evidence and the procedural history of the case.…

…Whether this Court, as a first appellate court, should interfere with the exercise of discretion by the trial court. iv. Who should bear the costs of the appeal?…

…’ rights must be considered each case must be considered on its own merits and discretion exercised accordingly; b) The mere inability of a debtor to pay in full at once is not a sufficient reason for exercise of the discretion…

…One must demonstrate sufficient reason so as to attract the court’s discretion.…

…which therefore, this court should uphold, the correct perception of the discretion donated by law, I believe, is that such a discretion is only duly exercised when it is guided by transparent, regular, reliable and just…

…criteria… and….. it was necessary to specify clearly and candidly how she exercised her discretion… it is not enough to set by attributing to oneself discretion originating from legal provision and thereafter merely cite…

…Thirdly the Court of Appeal should not interfere with the exercise of the discretion of a judge unless it is satisfied that the judge in exercising his discretion has misdirected himself in some matter and as a result has…

…The trial court, in setting aside the default judgment, exercised the discretion expressly conferred upon it by Section 43 of the Small Claims Court Act.…

…Whether or not to reopen a case is the discretion of the court which discretion ought to be exercised judiciously.…

…The court retains discretion to allow re-opening of a case. That discretion must be exercised judiciously.…

…unless the discretion has been exercised injudiciously or on wrong principles.…

…wrong in the exercise of his discretion and that as a result there has been mis-justice.” 35.…

…On whether the trial court exercised its discretion judiciously, counsel maintained that the magistrate satisfied himself as to proper service and rightly exercised his discretion in dismissing the application.…

…Whether this Court should interfere with that exercise of discretion. c. Who pays the costs? 5.…

…On whether the trial court exercised its discretion judiciously, counsel maintained that the magistrate satisfied himself as to proper service and rightly exercised his discretion in dismissing the application.…

…Whether this Court should interfere with that exercise of discretion. c. Who pays the costs? 5.…

…Where costs are in the discretion of the court, a party has no right to costs unless and until the court awards them to him, and the court has an absolute and unfettered discretion to award or not award them.…

…Kenya Red Cross Society, Nairobi High Court Civil Suit No. 66 of 2009; [2012] eKLR Odunga, J. thus observed: “…whereas this Court has the discretion when awarding costs, that discretion must, as usual, be exercised judicially…

…Nai 26 of 2004, this Court held; - “It has been stated time and again that in an application under rule 4 of the Rules the learned single Judge is called upon to exercise his discretion which discretion is unfettered.…

…As stated in the above cases, the duration of the delay and the reasons for failing to meet the timelines are significant factors affecting the Court's discretion. 10.…

…The Trial Court misdirected herself on the law and the facts and in the process exercised its discretion injudiciously by failing to appreciate that the Court had the discretion under prayer 6 of the Appellant's Notice of…

…The court should not be inclined to interfere with exercise of judicial discretion just because if the appeal court would have heard the matter its exercise of discretion would have been different.…

…Where that order or decree does not exist, there would be no jurisdiction to exercise discretion to stay a non-existent order or decree.…

…The stay is of an order or decree made in exercise of some discretion. To enable the court, consider a stay application, it ought to be demonstrated that the other court exercised discretion improperly.…

…It is well settled that this court will not interfere with the discretion of the Deputy Registrar sitting as the Taxing Master unless it is obvious that such discretion was not exercised judiciously as for example where the…

…As such, we urge the Honourable Taxing Officer to exercise his discretion of fee (sic) at Ksh 20,000.” 14.   …