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…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.…