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…The discretion is unfeterred, subject only to the implied fetter upon all such discretions, namely that they should be exercised judicially. 3.…

…Under rule 1 of order XXV the court has discretion to order that security be furnished in any case where it thinks fit.…

…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…

…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…

…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…

…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…

…In John Waweru Njoka v Republic [2001] eKLR had this to say on the discretion of the court on sentencing in respect of offences committed in one transaction: In law it lies in the discretion of the Court to order whether…

…Sentencing is a matter of judicial discretion and it is well settled that appellate courts must exercise restraint in interfering with judicial discretion.…

…Counsel for the Appellant submitted that although the award of costs is a matter of discretion, that discretion must be exercised judicially, not capriciously.…

…if the discretion is exercised unjudicially or without good reason. 9.…

…to determine by whom and to what extent such costs are to be paid; of course, like all judicial discretions, the discretion on costs must be exercised judiciously and how a court or judge exercises such discretion depends…

…This provision gives the judge discretion in awarding costs but that discretion has to be exercised judicially.…

…Olenja (1968) KLR 661, or where its discretion was exercised injudiciously as held in Mbogo & Another vs. Shah (1968) EA 93.…

…the exercise of the discretion unless it has not been exercised judiciously.…

…been clearly wrong in the exercise of judicial discretion resulting in an injustice.…

…that discretion.…

…Although the taxing officer exercises unfettered judicial discretion in matters of taxation that discretion must be exercised judicially, not whimsically, iii.…

…I am guided by the edict that this Court can only interfere with the discretion of the taxing officer in limited circumstances. Even then I am required to confirm that the exercise of discretion was within the law.…

…The Appellant maintained that while courts have discretion in awarding costs, such discretion must be exercised judicially and with valid reasoning. 9.…

…It is trite law that while the court has discretion in awarding costs, that discretion must be exercised judicially and not arbitrarily. The award of costs is not automatic.…

…Court’s discretion in determining costs is wide and unfettered discretion. Yet, nevertheless, the discretion must be exercised judiciously taking into consideration the unique circumstances of a case. 10.…

…The award of costs is therefore not cast in stone but courts have ultimate discretion. In exercising this discretion, courts must not only look at the outcome of the suit but also the circumstances of each case.…

…The question therefore is that, did the trial court exercise its discretion wrongly? Can this Court interfere with a trial court’s exercise of discretion?…

…The latitude of an appellate court to upset a lower court’s exercise of discretion is circumscribed.…

…Rule 4 gives the single judge an unfettered discretion and so long as the discretion is exercised judicially, a judge would be perfectly entitled to consider any other factor outside those listed in the paragraph we have…

…To limit such issues only to the four set out in the paragraph would be to fetter the discretion of single judge and as we have pointed out, the rule itself gives a discretion which is not fettered in anyway…” [12] Needless…

…The Learned Trial Magistrate erred in law by exercising his discretion in a capricious manner to the detriment and prejudice of the Appellant.…

…The issue that this court had to grapple with is whether this Court can interfere with the trial court’s said discretion. In Pindoria Construction Ltd vs.…

…However, an exercise of discretion is not immune from revision.…

…Whether the discretion was exercised judiciously? 19. The central question is therefore not whether the trial magistrate possessed discretion. 20.…

…& 2 others [2019] eKLR , as follows: “………… we affirm that we would only interfere with the Appellate Court’s exercise of discretion if we reach the conclusion that in exercise of such discretion, the Appellate Court acted…

…’s exercise of discretion.” 16.…

…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.…

…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.…