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…In paragraph 7.2 of the said contract of employment, the plaintiff could exercise discretion as to any information he received in connection with the assignment and which be considered harmful to the first defendant.…

…That paragraph provided that:- "7.2 The employee shall exercise discretion as toinformation he gets in connection with theassignment which may be harmful for the co-operative organisations, authorities, etc in theprogramme…

…In view of the above, the Court in its discretion, hereby reduce the sentence to the period already served. The appeal succeeds to that extent. Accused should be released forthwith unless lawfully held.…

…The applicant also prayed that the grant of representation to the estate of the deceased be assigned to person(s) in the discretion of the court, considering the petition herein, all the beneficiaries to the estate, the circumstances…

…This Court must exercise its discretion in a just, fair and equitable manner to save the future of the plaintiffs, and to safeguard their constitutional rights enshrined in the Constitution of Kenya.…

…This formulation based on Giella’s case must, therefore, be regarded at best as a terse reminder of a large body of law, and not as the prescription of how the discretion must be exercised.…

…1980 un-reported) that “the Court goes by the principle that such an ex-parte judgment having been entered neither upon merits of the case nor by consent of the parties is subject to the Court’s power of revocation at its discretion…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…