Njoroge Guatati (suing As The Administrator of The Estate of Grace Wanjiru Guatati) v Stephen Mbutu Kinyanjui & 2 others
The bottom line
#Kenya's Court of Appeal struck out a litigant's application because most requests could only be decided by a full bench, not a single judge.
What this practically means
#Executive summary
#Key legal issues
#Scope of a single Judge's jurisdiction under Rule 55
Applications are heard by a single Judge except those expressly reserved to the full Court, including applications to strike out an appeal; prayers outside that remit cannot be entertained.
The single Judge reproduced Rule 55 in full and held that most of the applicant's prayers were final and dispositive in nature, hence incapable of being granted at an interlocutory stage or by a single Judge. The only prayer properly before the Court was the joinder prayer, which had already been granted by consent. The application was therefore struck out with no order as to costs.
Joinder as interested party
The joinder prayer was moot because the Court (Odunga JA) had on 18th December 2025, by consent, already joined the applicant as an interested party.
The Court noted the order of 18th December 2025 joining the applicant as an interested party by consent, and recorded that the appellant's uncontroverted averment that prayer 3 was spent was not disputed. A prayer already granted cannot be re-litigated; the joinder prayer was overtaken by events.
Legal principles established
#- A single Judge of the Court of Appeal may not determine applications to strike out an appeal or notice of appeal, which are reserved to the full Court under Rule 55(2)
- Final and dispositive orders cannot be granted at an interlocutory stage or by a single Judge
Court orders
#- 1.The application dated 17th December 2025 is struck out with no order as to costs
- On appeal from
- High Court of Kenya
- Kiambu Succession Cause Number 94 of 2017
- Jurisdiction invoked
- Rule 55 of the Court of Appeal Rules, 2022 (jurisdiction of a single Judge)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge Guatati (suing As The Administrator of The Estate of Grace Wanjiru Guatati) v Stephen Mbutu Kinyanjui & 2 others", Case Analysis (2026). Civil Appeal No. 79 of 2019 (application dated 17th December 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/855/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.