Constitution of Kenya, 2010 206 [Subsidiary] (2) In exercising its discretion to award costs, the Court shall take appropriate measures to ensure that every person has access to the Court to determine their rights and fundamental freedoms. Withdrawal or discontinuance. 27. (1) The petitioner may— (a) on notice to the court and to the respondent, apply to withdraw the petition; or (b) with the leave of the court, discontinue the proceedings. (2) The Court shall, after hearing the parties to the proceedings, decide on the matter and determine the juridical effects of that decision. (3) Despite sub rule (2), the Court may, for reasons to be recorded, proceed with the hearing of a case petition in spite of the wish of the petitioner to withdraw or discontinue the proceedings. Acquiescence. 28. If the respondent does not dispute the facts in the petition whether wholly or in part, the Court shall, after hearing the parties, make such orders as it may deem fit. Settlement by consent. 29. The parties may, with leave of the Court, record an amicable settlement reached by the parties in partial or final determination of the case. Extension of time. 30. The Court may extend time limited by these rules, or by any decision of the Court. Use of alternative dispute resolution. 31. The Court may refer a matter for hearing and determination by alternative dispute resolution mechanism. Stay pending appeal. 32. (1) An appeal or a second appeal shall not operate as a stay of execution or proceedings under a decree or order appealed. (2) An application for stay of execution may be made informally immediately following the delivery of judgment or ruling and the court may issue such orders as it deems fit and just. (3) A formal application for stay may be filed within 14 days of the decision appealed from or within such time as the court may direct.