Mariko Mwangi Wainaina v Agnes Wangari Maguta
The bottom line
#The Court of Appeal struck out an application that tried to overturn a land ruling through interim relief, warning that final orders must wait for the full appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether Order 42 rule 1 of the Civil Procedure Rules can ground an application in the Court of Appeal
It cannot; that rule does not apply to applications in the Court of Appeal, and the application was not founded on any rule of the Court permitting interlocutory applications
The Court noted the application purported to be brought under Order 42 rule 1 of the Civil Procedure Rules, which governs first-instance and appellate proceedings in the subordinate and High Court layers, not the Court of Appeal. It further observed the application was not brought under any rule of the Court of Appeal permitting interlocutory applications, and thus was fundamentally misconceived in its procedural foundation.
Whether final orders can be granted in an interlocutory application
They cannot; the Court cannot reverse or vacate the decision of the superior court in an interlocutory application, as that would leave nothing to be heard in the intended appeal
Relying on Equity Bank Limited v. West Link Mbo Limited, the Court reiterated that interlocutory applications exist only to preserve a status pending appeal. The prayer to reverse the ELC's status quo order was final and dispositive; granting it would determine the appeal in advance and render the appellate process nugatory. The Court characterised the application as an appeal disguised as an interlocutory application.
Legal principles established
#- The Court of Appeal does not entertain ex parte applications; all parties must be heard.
- An interlocutory application in the Court of Appeal seeks to preserve the subject matter pending appeal and cannot be used to obtain final, dispositive orders.
- An application seeking final orders through an interlocutory application, founded on rules of court that do not apply to the Court of Appeal, is incompetent and will be struck out.
Court orders
#- 1.The application dated 22nd May 2025 is struck out
- 2.Costs of the application to the respondent
- On appeal from
- Environment and Land Court, Murang'a
- null
- Jurisdiction invoked
- Court of Appeal Rules; the applicant purported to invoke Order 42 rule 1 of the Civil Procedure Rules, which the Court held does not apply to it
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mariko Mwangi Wainaina v Agnes Wangari Maguta", Case Analysis (2026). Application dated 22nd May 2025 (Court of Appeal, Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/337/eng@2026-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.