Gachenga & another v Kimuhu (Civil Case 232 of 2012) [2026] KEHC 5008 (KLR) (16 April 2026) (Ruling)
The application was allowed as undefended; personal representatives were substituted for the deceased defendant and leave granted for change of advocates, as enforcement of the consent order would settle the family dispute.
Source-derived case information.
- Citation
- [2026] KEHC 5008 (KLR)
- Parties
- Applicant: Michael Kariuki Gachenga; Applicant: Damaris Nyambura Kimuhu; Respondent: Wangui John Kimuhu
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case 232 of 2012
- Procedural Posture
- Civil / Post Judgment Interlocutory Application
- Outcome
- application allowed
- Legal Topics
- Substitution of Parties, Enforcement of Consent Order, Change of Advocates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kariuki Gachenga
Applicant
Damaris Nyambura Kimuhu
Applicant
Wangui John Kimuhu
Respondent
Procedural Posture
Civil / Post Judgment Interlocutory Application
Legal Issues
- 1 whether personal representatives can be substituted for deceased defendant
- 2 whether leave should be granted for change of advocates
- 3 whether enforcement of consent order is warranted
Ratio Decidendi
The application was allowed as undefended; personal representatives were substituted for the deceased defendant and leave granted for change of advocates, as enforcement of the consent order would settle the family dispute.
Court Disposition
application allowed
Orders
- Masore Nyang'au & Co. Advocates granted leave to come on record for the defendant in place of Rubua Ngure & Co. Advocates.
- Michael Kariuki Gachenga and Damaris Nyambura Kimuhu substituted in place of John Kagai Gachenga, deceased defendant.
Full Case Text
Judgment text and source record
1 paragraphs
Gachenga & another v Kimuhu (Civil Case 232 of 2012) [2026] KEHC 5008 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 5008 (KLR) Republic of Kenya In the High Court at Nakuru Civil Case 232 of 2012 SM Mohochi, J April 16, 2026 Between Michael Kariuki Gachenga 1st Applicant Damaris Nyambura Kimuhu 2nd Applicant and Wangui John Kimuhu Respondent Ruling 1.The Application before me is a Notice of Motion Applicationdated 2nd, December 2025 where the Applicants Seek the following Relief(s);i.SPENTii.The firm of Masore Nyang'au & Co. Advocates be granted leave to come on record for the Defendant in place of Rubua Ngure & Co. Advocates.iii.Michael Kariuki Gachenga and Damaris Nyambura Kimuhu, the personal representatives of the deceased Defendant be made parties to this case in place of the Defendant who is now deceased.iv.The court orders the arrest and detention of the Plaintiff for disobeying the order of the court given in this case on the 23rd, April 2015.v.In the alternative to the arrest and detention of the Plaintiff, then her assets be attached to defray the sum of Kshs.2,790,000.00 the Applicants have used to defend unnecessary suits the Plaintiff has filed in other courts arising out of the consent recorded in this court.vi.The court is requested to make such other or further orders to execute the order made in this court on the 23rd, April 2015. 2.The Application is undefended despite being duly served upon the Respondent counsel. 3.This is a post-judgment interlocutory Application by personal representatives of the Deceased Defendant- John Kagai Gachenga who died on the 17th December 2015 for the sole purpose of enforcing a consent order 23rd, April 2015. 4.Having considered the Application, the Applicants written submissions, the court appreciates that, the dispute determined in judgment was a family dispute and that enforcing the consent order shall result in the settlement of the dispute at hand, this court is thus inclined to allow the Application as undefended on the following terms;i.The firm of Masore Nyang'au & Co. Advocates is hereby granted leave to come on record for the Defendant in place of Rubua Ngure & Co. Advocates.ii.Michael Kariuki Gachenga and Damaris Nyambura Kimuhu, are hereby substituted in place John Kagai Gachenga the deceased Defendant. 5.I shall not grant costs this being a family dispute.It is So Ordered. SIGNED, DELIVERED VIRTUALLY ON TEAMS PLATFORM ON THIS 16TH APRIL 2026MOHOCHI S.MJUDGE