Can discretion affect delivery of justice?

In the realm of criminal law, there exist legalities which render the concept of justice philosophically intriguing and one of the technicality is what is termed 'discretion'.

The significance of discretion is that every day decision – making of judges, prosecutors, policemen, and others distributes the burdens and benefits of law, provides answers to questions and solutions to problems. Criminal law has been described as "an island of technicality in a sea of discretion". The way Kenyan criminal jurisprudence has developed in the recent past, in particular in the period after promulgation of the new constitution, must raise many questions.