https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1111
The appellant died on 22nd August, 2025, but the appeal survived his death. Naomi Wairimu Thondu held the relevant limited grant and was therefore entitled to succeed him as appellant. The unopposed motion for substitution was allowed, with costs reserved to the appeal.
Source-derived case information.
- Citation
- [2026] KECA 1111 (KLR)
- Parties
- Appellant Substituted for Deceased Applicant Thomas Irungu Murai: Naomi Wairimu Thondu; Respondent: Mercy Wanjiku Ngugi
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E960 of 2024
- Procedural Posture
- Civil Appeal (application) / Application for Substitution of Deceased Appellant in Pending Appeal
- Outcome
- Motion allowed
- Judges
- ["S ole Kantai"]
- Legal Topics
- Substitution of Deceased Party, Survival of Appeal, Grant of Letters of Administration Ad Litem, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naomi Wairimu Thondu
Appellant Substituted for Deceased Applicant Thomas Irungu Murai
Mercy Wanjiku Ngugi
Respondent
Procedural Posture
Civil Appeal (application) / Application for Substitution of Deceased Appellant in Pending Appeal
Legal Issues
- 1 Whether the pending appeal survived the death of the appellant
- 2 Whether Naomi Wairimu Thondu had standing to be substituted as appellant
- 3 What order should be made on costs of the application
Ratio Decidendi
The appellant died on 22nd August, 2025, but the appeal survived his death. Naomi Wairimu Thondu held the relevant limited grant and was therefore entitled to succeed him as appellant. The unopposed motion for substitution was allowed, with costs reserved to the appeal.
Court Disposition
Motion allowed
Orders
- Naomi Wairimu Thondu substituted for the deceased appellant Thomas Irungu Murai as appellant in the appeal.
- Costs of the Motion to be in the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Murai v Ngugi (Civil Appeal (Application) E960 of 2024) [2026] KECA 1111 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KECA 1111 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Civil Appeal (Application) E960 of 2024 S ole Kantai, JA June 12, 2026 Between Thomas Irungu Murai Applicant and Mercy Wanjiku Ngugi Respondent (Being an application for substitution of the applicant against the Judgment of the High Court at Nairobi (M. Thande, J.) delivered on 23rd September, 2022 in H.C. Civil Case No. 33 of 2017 (O.S.).) Ruling 1.It is prayed in the Motion dated 7th February, 2026 that the name of the appellant Thomas Irungu Murai be substituted with Naomi Wairimu Thondu (Naomi) because he died on 22nd August, 2025. It is said that a grant of letters of administration of his estate has been issued to the said Naomi in Miscellaneous Succession Cause No. E156 of 2025. Attached to the Motion is a Certificate of Death evidence of the death of the appellant and Limited Grant of Letters of Administration Ad–litem issued to Naomi on 19th December, 2025 by the Magistrates’ Court at Thika. 2.I have seen a letter dated 5th May, 2026 by M/s Ngugi Kamau Advocates for the respondent who say that they are not opposed to the application. 3.The deceased (appellant) died on 22nd August, 2025 and the appeal survives him. Naomi is entitled to succeed him as the appellant in the appeal. I allow the Motion. Naomi Wairimu Thondu will henceforth be the appellant in the appeal. Costs of the Motion will be in the appeal. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF JUNE, 2026S. OLE KANTAI……………JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR