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…He claimed he had done much research into the facts for the reference and into the law relating to such a reference, into the judicial exercise of the discretion vested in a single judge of appeal by the amended rule 4 of…

…consolidated with Petition No. 16 of 2015 (the Muruatetu decision) in which the Supreme Court held that the mandatory death penalty as provided under Section 204 of the Penal Code is unconstitutional as it deprives the courts discretion…

…the Supreme Court in the Muruatetu decision to mandatory minimum sentences provided under the Sexual Offences Act and held that Section 8 of the Sexual Offences Act must be interpreted in a way that does not take away the discretion…

…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…

…For the p urpose of this sub-rule, any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over -riding discretion given him by paragraph 12 of the Third…

…I have the discretion under Rule 5 (3) to direct in a deserving case that conditional attachment of the property be made.…

…That is the moreso because if the court exercises its discretion under that order and rule the suit may be brought to an abrupt end and would thereby render the directions futile.…

…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…

…On the other hand on the basis of the same court of appeal reasoning in the said cited case, and being alive to the discretion given to the court by order vii rule 1(3) Civil Procedure Rules and being alive to the call to…

…that in the circumstances for the case as put before him, the Plaintiff would be adequately compensated by an award of damages, and therefore that the Plaintiff Company had not made out a case whereby he could exercise his discretion…

…Ltd Civil Appeal 36 of 1983; (unreported) as to the circumstances in which an Appeal Court can interfere with the exercise of discretion by a trail court; and to the same effect Mbogo vs Shah [1968] EA 93 at page 96 per…

…Section 27 of the Civil Procedure Act 9 (cap 21) provides that the costs of and incidental to all suits shall be in the discretion of the court or judge and the court or judge shall have full power to determine by whom and…

…Because no reason was given, the point was taken on appeal and we have been asked to interfere with the judge’s discretion in awarding 3/4 costs.…

…the Plaintiff/Respondent is bound by the terms of the said order and cannot purport to act contrary to the said terms of the Order. d) THAT the previous conduct of the Plaintiff/Respondent is such as to lead the Court’s discretion…

…The approval of the court was nothing but exercise of judicial discretion in the matter.…

…That being so, I am in agreement with my brothers that this is not a case in which we should exercise our discretion as to costs in his favour.…

…On all this, then, in the exercise of my discretion, I now grant this application.…

…But we have a discretion to allow an appellant to take a new point on appeal if full justice can be done to the parties. (See’Tanganyika Farmers v Unyamwezi [1960] EA 620).…

…We exercised this discretion in favour of the appellants. 10.…

…If no notice is given the judge would have a discretion whether or not to admit the evidence. Such a decision is only persuasive here in Kenya, but it is interesting to see the approach taken.…

…The appellate court will not ordinarily interfere with the discretion exercised by the lower court unless it is evident that the lower court has acted upon some wrong principle or overlooked some material factor, or the sentence…

…The conduct of the plaintiffs is also a relevant factor in the exercise of my discretion.…

…Lord Wilberforce in Calvin vs Carr (supra) said at letter C page 451: “That the court in exercise of its discretion when reviewing the domestic or statutory decision should take into account all the proceedings which led…

…For the respondents it was urged that an appellate court should be slow to interfere with the exercise of discretion in an interlocutory order in rst instance.…

…It was submitted it could not be said that the Judge’s exercise of discretion is plainly wrong. Mr.…

…In our view the Chief Justice did not err in the exercise of his discretion in granting the application for review. We dismiss the appeal but make no order as to costs.…

…sued for the money unless he has agreed with the chargee with the chargee to pay the same; and (b)no action shall be commenced until a notice served in accordance with subsection(1) has expired; (ii)the court may, at its discretion…