[2025] KECA 1248 (KLR)
The court found that the applicant, having obtained letters of administration for the deceased appellant's estate, is entitled to be substituted as the appellant in the pending appeal. The application was supported by appropriate documentation, and there was no opposition from the respondents. The fact that the...
Source-derived case information.
- Citation
- [2025] KECA 1248 (KLR)
- Parties
- Appellant: Martha Njoki Muturura; Respondent: Gatanga Constituency Development Fund; Respondent: The Attorney General; Applicant: Virginia Wambui Kahiga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 321 of 2019
- Procedural Posture
- Civil Appeal / Application for Substitution of Appellant Due to Death
- Outcome
- application for substitution allowed
- Judges
- S ole Kantai
- Legal Topics
- Party Substitution, Appeal Procedure, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Njoki Muturura
Appellant
Gatanga Constituency Development Fund
Respondent
The Attorney General
Respondent
Virginia Wambui Kahiga
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Appellant Due to Death
Legal Issues
- 1 Whether the applicant, as administratrix of the deceased appellant's estate, should be substituted as appellant in the pending appeal.
- 2 Whether the application for substitution was properly brought before the court despite being under the wrong provisions of law.
Ratio Decidendi
The court found that the applicant, having obtained letters of administration for the deceased appellant's estate, is entitled to be substituted as the appellant in the pending appeal. The application was supported by appropriate documentation, and there was no opposition from the respondents. The fact that the application was brought under the wrong provisions of law did not preclude the court from granting the substitution, as the substantive requirements under Rule 102 of the Court of Appeal Rules were met. The court therefore ordered that Virginia Wambui Kahiga be substituted as the appellant in place of the deceased Martha Njoki Muturura.
Court Disposition
application for substitution allowed
Orders
- Virginia Wambui Kahiga is substituted as the appellant in place of Martha Njoki Muturura.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Muturura v Gatanga Constituency Development Fund & another (Civil Appeal (Application) 321 of 2019) [2025] KECA 1248 (KLR) (27 June 2025) (Ruling)
Neutral citation: [2025] KECA 1248 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal (Application) 321 of 2019
S ole Kantai, JA
June 27, 2025
Between
Martha Njoki Muturura
Applicant
and
Gatanga Constituency Development Fund
1st Respondent
The Attorney General
2nd Respondent
(An application for substitution of the appellant against the Judgment of the Environment and Land Court at Muranga (J.G. Kemei, J.) delivered on 9th October, 2019 in E.L.C. No. 405 of 2017 Environment and Land Case 405 of 2017 )
Ruling
1. It is prayed in the Motion which is brought under the wrong provisions of law that Virginia Wambui Kahiga be substituted in the place of the appellant Martha Njoki Muturura who is said to have died on 8th September, 2021 while the appeal was pending.
2. Virginia depones that the appellant was her mother; that she has been appointed the administratrix of the estate in Kandara Succession Cause No. E346 of 2022. She has annexed appropriate documents in support of the Motion which is dated 15th May, 2025.
3. I have seen a hearing notice dated 18th June, 2025 where parties were notified of the hearing date and required to file written submissions but I have not seen any submissions by any of the parties.
4. Rule 102 of the Court of Appeal Rules allows for substitution of a party to an appeal where an appellant or a respondent to an appeal dies. I am told that the appellant here died and her daughter who has obtained letters of administration would like to take over the appeal. She is entitled to do so and I so order. The appellant in this appeal will henceforth be Virginia Wambui Kahiga. I make no order on costs.
DATED AND DELIVERED AT NYERI THIS 27TH DAY OF JUNE, 2025. S. ole KANTAI................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR