https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6304
The court found that the interested party had died, that Grace Gakii Mbaka had obtained limited letters of administration to protect the deceased’s estate in these proceedings, and that there was no opposition; accordingly, the statutory and procedural basis for substitution was satisfied and the application was...
Source-derived case information.
- Citation
- [2026] KEHC 6304 (KLR)
- Parties
- Applicant / Deceased Interested Party to Be Substituted: Alice Ciangai Mbaka; Substituting Party / Holder of Limited Grant: Grace Gakii Mbaka; 1st Respondent: Patrick Chabari Ngai; 2nd Respondent: Eustace Micheni Ngaine
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E012 of 2021
- Procedural Posture
- Succession Cause Application for Substitution of a Deceased Interested Party / Ruling on Unopposed Summons for Substitution
- Outcome
- Application allowed
- Judges
- ["RL Korir"]
- Legal Topics
- Substitution of Parties, Letters of Administration Ad Litem, Effect of Death of a Litigant, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alice Ciangai Mbaka
Applicant / Deceased Interested Party to Be Substituted
Grace Gakii Mbaka
Substituting Party / Holder of Limited Grant
Patrick Chabari Ngai
1st Respondent
Eustace Micheni Ngaine
2nd Respondent
Procedural Posture
Succession Cause Application for Substitution of a Deceased Interested Party / Ruling on Unopposed Summons for Substitution
Legal Issues
- 1 Whether a deceased interested party could be substituted by a personal representative holding limited grant.
- 2 Whether the applicant had established sufficient basis for substitution in the succession proceedings.
Ratio Decidendi
The court found that the interested party had died, that Grace Gakii Mbaka had obtained limited letters of administration to protect the deceased’s estate in these proceedings, and that there was no opposition; accordingly, the statutory and procedural basis for substitution was satisfied and the application was allowed.
Court Disposition
Application allowed
Orders
- Grace Gakii Mbaka substituted Alice Ciangai Mbaka as the interested party in this cause.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Francis Njoka Mwathani (Deceased) (Miscellaneous Succession Cause E012 of 2021) [2026] KEHC 6304 (KLR) (6 May 2026) (Ruling) Neutral citation: [2026] KEHC 6304 (KLR) Republic of Kenya In the High Court at Chuka Miscellaneous Succession Cause E012 of 2021 RL Korir, J May 6, 2026 IN THE MATTER OF THE ESTATE OF FRANCIS NJOKA MWATHANI (DECEASED) Between Alice Ciangai Mbaka Applicant and Patrick Chabari Ngai 1st Respondent Eustace Micheni Ngaine 2nd Respondent Ruling 1.The Applicant filed summons dated 5th March, 2025 seeking a substantive order that Grace Gakii Mbaka do substitute Alice Cinagai Mbaka as the Interested Party in this cause. 2.The Application is premised on the grounds that:-i.That the interested Party/Applicant passed away on 21st April 2023.ii.That the Grace Gakii Mbaka has taken our Letters of Administration in respect of the estate of the said deceased limited to representing her in these proceedings.iii.That no party shall suffer any prejudice should the orders sought herein be granted. 3.In support of the summons, the Applicant filed a supporting affidavit in which she deposed that Alice Ciangai Mbaka (Interested Party) passed away on 21st April 2023; that her estate was desirous of proceeding with the matter; she stated that she had obtained a limited grant for that purpose, and; that it was in the interest of justice that the prayer sought be granted. 4.The Application came up for hearing on 10th March, 2026. Mr. Mureithi, appearing for the Applicant submitted that he had served the Respondent and they had not responded to the Application. Upon being satisfied that the Respondents had been served, the court allowed the Applicant to urge the Application. 5.I have looked at the proceedings. Alice Ciangai Mbaka (now deceased) was the Applicant in Misc. Succession Cause Application No.12 of 2021 pending before this court. The Applicant Grace Gakii Mbaka has obtained Letters of Administration Ad Litem to protect the interest of the estate of Alice Ciangai Mbaka (now deceased). 6.There is no opposition to the Application. 7.I am satisfied that the Applicant having demonstrated that their kin has since passed on and having obtained a limited grant to continue the litigation in this succession cause, should be granted the orders sought. 8.The Application is allowed.Orders accordingly, RULING DELIVERED, DATED AND SIGNED AT CHUKA THIS 6TH DAY OF MAY, 2026.R. LAGAT-KORIRJUDGERuling delivered in the presence of Mr. Mureithi for the Applicant and Mr. Njeru Ithiga for 2nd Interested Party; N/a 1st Respondent acting in person; Muriuki (Court Assistant).