Mariga v Ketere & another (Environment and Land Appeal E017 of 2024) [2025] KEELC 3022 (KLR)
The bottom line
#A Kenyan land court protected an appellant's property by confirming an injunction pending appeal, clarifying that injunctions — not stays — can preserve the status quo even after a dismissal.
What this practically means
#Executive summary
#Key legal issues
#Nature of the application
The application is one for temporary injunction pending appeal under Order 42 Rule 6(6), not a stay of execution under Order 42 Rule 6(1)-(5).
The court distinguished stay of execution (Order 42 Rule 6(1)-(5)) from injunction pending appeal (Order 42 Rule 6(6)). Though the Respondent argued no stay lies on negative orders, the court held the substantive relief sought was injunctive, so that objection did not defeat the application.
Merits of the injunction pending appeal
Application merited: appeal is arguable, and construction before hearing would render the appeal nugatory.
The Record of Appeal had been filed and the appeal must be fully heard, demonstrating an arguable appeal. Counsel confirmed no construction was ongoing; if construction commenced, the Applicant could not utilize the suit property and the appeal would be rendered nugatory, warranting the discretion in favour of the Applicant.
Legal principles established
#- An application for temporary injunction pending appeal is distinct from an application for stay of execution and is governed by Order 42 Rule 6(6).
- An arguable appeal need not necessarily succeed but ought to be argued fully in court.
Court orders
#- 1.Application dated 08.11.2024 allowed by confirmation of the interim orders pending hearing and determination of the appeal
- 2.Directions on hearing of the Appeal to be issued after delivery of the Ruling
- 3.Costs of the application in the cause
- On appeal from
- Subordinate court (not specified)
- null
- Jurisdiction invoked
- Order 42 Rule 6(6) of the Civil Procedure Rules - temporary injunction pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mariga v Ketere & another (Environment and Land Appeal E017 of 2024) [2025] KEELC 3022 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3022/eng@2025-04-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.