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…discretion to grant leave to amend the petition.…

…Rule 18 of the Mutunga Rules confers on the court discretion to grant leave to amend. It provides that “A party who wishes to amend its pleadings at any stage of the proceeding may do so with the leave of the court.”…

…He is not entitled to this court discretion. The Receiving Order made on 03.03.2000 is set aside and the petition dismissed with no order as to costs. The Official Receiver is hereby discharged.…

…However, Rule 4 of the Rules, as mentioned above, grants the Court discretion to extend time upon satisfaction that: “…owing to absence from Kenya, sickness, or other reasonable cause, the appellant was unable to file the…

…A party seeking extension must lay a basis to the satisfaction of the court. The discretion is to be exercised on a case-by-case basis.…

…The applicant in the application dated 18th May 2026 seeks the exercise of this court discretion in terms of Section 333(2) of the Criminal Procedure Code. 2.…

…Rule 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedom) Practice and Procedure Rules, 2013, (Mutunga Rules) grants this court discretion to allow an interested party into proceedings, stating –…

…Rule (7) confers in the court unfettered discretion to allow an interested party through an informal or formal application.…

…Section 888 of the Companies Act, 2015 grants this Court discretion to extend time where omission to register was due to inadvertence or other sufficient cause.…

…On the second issue, the Applicant acknowledged the provisions of Section 79G of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules, which grant the court discretion to admit an appeal out of time.…

…The Respondent submitted that, pursuant to Rule 4 of the Tax Appeals Tribunal (Appeals to the High Court) Rules, the court has discretion to extend the time for filing an appeal.…

…The Courts generally have discretion to allow the reopening of cases only when it serves justice and does not cause undue prejudice.…

…In exercising that discretion, the court should ensure that such re-opening does not embarrass or prejudice the opposite party.…

…However, Section 888 of the Companies Act grants the Court discretion to extend time for registration where the omission to register within time was accidental, inadvertent, or occasioned by sufficient cause, or where it…

…The Court’s discretion under Section 888 is intended to prevent injustice where the failure to register a charge within the prescribed period is not deliberate and where no prejudice would be occasioned to third parties.…

…Order 10 Rule 11 of the Civil Procedure Rules grants this Court discretion to set aside or vary an interlocutory judgment and any consequential decree or order on such terms as are just.…

…Even where service has been regular, courts retain discretion to set aside an interlocutory judgment if the draft defence raises bona fide triable issues. In Tree Shade Motors Limited V D.T. Dobie & Co.…

…Section 888 grants the High Court discretion to extend the statutory timelines for filing and registration of charges where default in timely registration is “due to accident, inadvertence or some other sufficient cause”…

…Where delay is explained and no prejudice will be suffered, the Court should exercise discretion in favour of regularization. 11.…

…That the mandatory nature of the sentence imposed against the appellant is unconstitutional and lacks court discretion. The state opposed the appeal through Mr.…

…I am aware of the school of thought that a minimum sentence takes away the court's discretion in sentencing. I agree.…

…The said Act gives this court discretion in the matter. Should I exercise the said discretion? In my view it would be fair and just in the circumstances of this case to do so. 6.…

…The appellant submitted that this court has the discretion to grant her leave to appeal against the decision and she relied on the cases of Rhoda Wairimu Karanja & Another v.…

…Such orders may be made on the strength of the court’s discretion. This is also provided for under section 47 of the Law of Succession Act.…

…This provision gives court discretion to allow a party who shows sufficient cause or a good reason for the delay in filing the appeal within the prescribed time. CIVIL APPEAL NO. E063 OF 2025 4 | P a g e JUDGMENT 12.…

…In the case of Adara –v- Gova 2025 KEHC 1462 (KLR) the court stated that in the exercise of its discretion, the court has to consider the length of the delay, reasons for the delay, the chances of appeal succeeding, whether…

…Having found that the section grants the court a discretion, then the exercise of that discretion can only be impugned on the basis that it was maliciously or whimsically exercised.…

…In its Ruling, the trial court held that the use of the word ‘may’ in section 200(3) of the CPC gave the court discretion on whether or not to order for a re-summon of witness who had previously testified for purposes of…

…Having found that the section grants the court a discretion, then the exercise of that discretion can only be impugned on the basis that it was maliciously or whimsically exercised.…

…In its Ruling, the trial court held that the use of the word ‘may’ in section 200(3) of the CPC gave the court discretion on whether or not to order for a re-summon of witness who had previously testified for purposes of…

…However, Section 885(3) gives the Court discretion to extend the time for registration where: the omission to register was accidental; or due to inadvertence; or is otherwise just and equitable to grant relief. 8.…

…The Applicants reiterated the averments in their application and submitted that Section 79G gives the court discretion to extend time for lodging an appeal out of time. 9.…

…The Respondent on the other hand submitted that the applicant had not provided any good and convincing reason for the delay in filing the appeal to warrant the exercise of the Court’s discretion to grant of the orders sought…