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…me that the respondent 1 st / administrator herein failed in her duty to complete administration within 6 months after confirmation of grant as provided for under section of 83 (3) of the Act . revocation of grant is a discretionary…

…power which must be exercised diligently as was held in case of Albert Imbuga Kisigwa v Recho Kavai Kisigwa [2016] KEHC 1528 (KLR) ‘’the Power to revoke a grant is a discretionary power that must be exercised judiciously…

…Discretionary power: The power to grant or refuse a stay is a discretionary power that courts exercise in the interest of justice.…

…In support of the Summons, the Respondent has relied on Rule 11(4) of the Advocates (Remuneration) Order which bestows discretionary power upon the courts to make an order for the enlargement of time to enable a party file…

…The Respondent has submitted that while the court has discretionary power to enlarge the timelines for lodging a Reference pursuant to Rule 11(4) of the Advocates (Remuneration) Order, such discretion ought to be considered…

…The Summons was canvassed through written submissions.To support the prayers sought therein, the Respondent has anchored its submissions on Rule 11(4) of the Advocates (Remuneration) Order which bestows discretionary power…

…The Respondent has proceeded to submit that while the court has discretionary power to enlarge the timelines for lodging a Reference pursuant to Rule 11(4) of the Advocates (Remuneration) Order, such discretion ought to be…

…Grant of orders of stay of execution is an exercise of discretionary power by the Court.…

…As a discretionary power, Courts grant or decline to issue such orders based on sound, judicious considerations and not whimsically or capriciously. 18.…

…The Court also notes that under Rule 7(2) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 the Court has the discretionary power to join any person as an interested…

…The power of the court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…In Simba Coach Limited v Kiriiyu Mercharnts Auctioneers [2019] eKLR this court held that there are no fast and hard rules on what and how much the security ought to be and that the court reserves its discretionary power to…

…power was based on a whim, and that it can be established that the Court did not consider the prevailing circumstances and take into account what needed to be considered, or considered what ought not to have been considered…

…To infringe upon this discretionary power, would be tantamount to a judicial review of the decision of another Court’s decision.…

…An exercise of discretionary power will be said to be judicial, if the power is exercised in accordance with the enabling statutes, discretionary power is said to be judicious if it arises or conveys the intellectual wisdom…

…Grant of leave to commence judicial review proceedings is a discretionary power of this court. The same is guided by Order 53 rule 1 of the Civil procedure Rules.…

…power was based on a whim, and that it can be established that the Court did not consider the prevailing circumstances and take into account what needed to be considered, or considered what ought not to have been considered…

…To infringe upon this discretionary power, would be tantamount to a judicial review of the decision of another Court’s decision.…

…That the minimum mandatory nature of the sentence denied the trial court its exercise of its own discretionary power and independence to pronounce a lenient sentence. 7.…

…The appellant faulted his sentence on the grounds that the minimum mandatory nature of the sentence denied the trial court its exercise of its own discretionary power and independence to pronounce a lenient sentence. 14.…

…The Court in the case of Muchiri v Rutere [2023] KEELC 22377 (KLR) held; “Stay of execution pending appeal is a discretionary power bestowed upon this court by law.…

…The power of the court to grant or refuse an application for a stay of execution is discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. b.…

…In Justice Mwita in the case Albert Imbuga Kisigwa vs Recho Karai Kisigwa (2016) eKLR he stated as follows with regards to the discretionary power to revoke a grant: - “Power to revoke a grant is a discretionary power that…

…In this regard, I fully associate myself with the holding of Mwita J in the above case of Albert Imbuga Kisigwa vs Recho Karai Kisigwa (2016) eKLR that the Power of the court to revoke a grant is a discretionary power that…

…Under Order 12 Rule 7 of the Civil Procedure Rules, the court has discretionary power to set aside an order made in the absence of a party.…

…Under Order 12 Rule 7 of the Civil Procedure Rules, the court has discretionary power to set aside an order made in the absence of a party.…

…Stay of execution is a discretionary power which must be exercised on certain defined principles and facts.…

…In the case of Butt v Rent Restriction Tribunal (1982) KLR the Court held that The power of the court to grant or refuse an application for a stay of execution is a discretionary power.…

…Guided by the above, the order sought by the applicant are a discretionary power, exercisable by the court upon consideration of the facts and circumstances of each case. 6.…

…The power to revoke a grant is a discretionary power that must be exercised judiciously and only on sound grounds.…

…Mativo J., in his decision of 29th January, 2016, in the case of Angelas Maina v Rebecca Waiyego Mwangi & Another, Succession Cause No 692 of 2012, stated thus; “Under Section 76, the Court has discretionary power when faced…