https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4339
The court held that because the death of the 2nd respondent had already been brought to its attention and there was no effective substitution, continuation of proceedings against that party was untenable; the application to strike out the 2nd respondent was therefore allowed, with no order as to costs.
Source-derived case information.
- Citation
- [2026] KEELC 4339 (KLR)
- Parties
- Appellant: Stephen Muriithi Mwema; 1st Respondent: John Mwaura Njuguna; 2nd Respondent: Michael Wachira Thiga
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Case Appeal E018 of 2023
- Procedural Posture
- Environment and Land Appeal / Interlocutory Application in Appeal
- Outcome
- Application allowed
- Judges
- ["LN Mbugua"]
- Legal Topics
- Striking Out a Deceased Party, Substitution/non Tracing of Legal Representative, Compliance With Court Directions, Costs
- 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
Stephen Muriithi Mwema
Appellant
John Mwaura Njuguna
1st Respondent
Michael Wachira Thiga
2nd Respondent
Procedural Posture
Environment and Land Appeal / Interlocutory Application in Appeal
Legal Issues
- 1 Whether the 2nd respondent, alleged to be deceased, should remain in the proceedings
- 2 Whether responses filed outside court directions should be considered
- 3 Whether the application to strike out the 2nd respondent was merited
Ratio Decidendi
The court held that because the death of the 2nd respondent had already been brought to its attention and there was no effective substitution, continuation of proceedings against that party was untenable; the application to strike out the 2nd respondent was therefore allowed, with no order as to costs.
Court Disposition
Application allowed
Orders
- The name of the 2nd respondent is struck out from the proceedings.
- No orders as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT NANYUKI** **ELCLA NO. E018 OF 2023** **STEPHEN MURIITHI MWEMA………………….……….APPELLANT** **VERSUS** **JOHN MWAURA NJUGUNA……………………….1ST RESPONDENT** **MICHAEL WACHIRA THIGA………………..……2ND RESPONDENT** **RULING** 1. Before me is a notice of motion application dated 7.4.2026 brought forth by the appellant seeking orders that the name of the 2nd respondent be struck out from these proceedings and that costs be in the cause. The application is premised on grounds on the face of the application and the supporting affidavit of the applicant. He avers that the 2nd respondent was joined in the proceedings before the trial court by the 1st respondent vide an application dated 25.8.2021, that the said 2nd respondent has since passed on and efforts to trace next of kin have been futile and that counsel who acted for the said party avers that they have no instructions. 2. Pursuant to directions given on 12.5.2026, the respondents were to file responses by 26.5.2026, but there was no compliance hence the court declines to consider responses filed in contravention of the aforementioned directions. 3. I find that way back on 26.1.2026, the issue of the death of the 2nd respondent was brought to the attention of the court. That being the case, I find that continuation of the proceedings against the said party is untenable. As such, the application dated 7.4.2026 is found to be merited, the same is allowed with no orders as to costs. **DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8th DAY OF JULY, 2026 THROUGH MICROSOFT TEAMS.** **LUCY N. MBUGUA** **JUDGE** **In the presence of:** **Nancy Mwangi – C/A** **Onaya Ombere for appellant** **M/s Wangu for 1st respondent**