Case law
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Division and case type: CriminalCriminal Appeal
…Section 357 of the Criminal Procedure Code, Cap 75, confers on this court unlimited discretionary power to admit an applicant to bail where such applicant has lodged an appeal.…
Division and case type: CivilCivil Suit
…DEFENDANT R U L I N G The defendant invoked the discretionary power of this court under Order XX rule 11 (2) of the civil Procedure rules by filing a chamber summons dated 10th September, 2003 in which he sought to liquidate…
Division and case type: CivilCivil Case
…The discretionary power should be exercised judicially and in selective and discriminatory manner, not arbitrarily or idiosyncratically. (see the judgment of Kneller JA in the case of Mwangi v Mugiria [1983] KLR 78.…