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…AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion…

…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…

…The court has a wide discretion in this matter.…

…But this discretion, howsoever wide it may be, is a discretion to be exercised judicially having regard to the particular circumstances of each case.…

…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…

…his discretion in the appellant’s favour.…

…23.The Court is being invited to exercise its discretion to set aside or vacate its orders made on 2nd July, 2015. I am aware that the discretion to set aside and or vacate Court orders should be exercised judicially.…

…That discretion must be exercised upon reasons and must be exercised judiciously.…

…As regards the exercise of that discretion, certain principles are now well established in our law.…

…This is a matter for the discretion of the court and there is enough material here on which it could be found that the magistrate had exercised his discretion correctly. Order IXB rule 3.…

…An application under Rule 4 of the Rules seeks this Court’s exercise of its unfettered discretion. In SAMKEN LIMITED, ABERCROMBIE & KENT LIMITED VS.…

…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…

…Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true. But like all discretion it must be judicially exercised.…

…Here, there is no material before me on which I can base an exercise of my discretion in favour of the applicant.…

…As I set out to exercise my discretion I must at the outset confess that there is no material before me on which I can do so. As was said by Privy Council in RATNAM V.…

…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…We are of course aware that we ought not to interfere with the exercise of discretion by a judge or substitute our own discretion instead.…

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…

…Platt J exercising the discretion of the court, refused to stay the proceedings. Hence this appeal.…

…EXERCISE OF DISCRETION Is of daily occurrence in the courts. The principles upon which the exercise of the court’s discretion should take place have been repeatedly stated; nevertheless mishaps continue to occur.…

…Before us, the applicant complains that the learned judge was wrong in the manner in which he exercised his discretion but in our view the application before the judge and the one before us are frivolous.…

…The learned judge was not obliged to consider any other grounds the applicant may have had for seeking exercise of that court's discretion when he came to the view that the applicant was less than candid.…

…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…

…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…

…Since the grant of the injunction is discretionary this court would not normally interfere with the exercise of that discretion.…

…The circumstances in which this court will disturb the exercise of a discretion of a trial judge were stated by the Court of Appeal for East Africa, in the case of MBOGO –VSSHAH (1968) E.A. 93.…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…I now turn to consider whether I should exercise my discretion, under rule 4 of the Rules, to grant the application.…

…The starting point is, as it must be, rule 4 itself which confers the widest measure of discretion and makes no distinction between the various classes of cases.But like all discretion, it must be exercised judicially.…