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Kenya decisions
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Ruiru v Kionge & another [2025] KEELC 5423 (KLR)
The court declined to set aside the consent reviving the suit, but held that summons to enter appearance had to be prepared and served on the substituted defendants.
Mbugua v Mungai & 3 others; Ng’ang’a & 2 others (Intended Plaintiffs) [2025] KEELC 5325 (KLR)
The court dismissed applications to revive and reinstate an abated suit, finding the applicants failed to show sufficient cause for nearly six years’ delay.
Maina v Maina; Langat (Being the Legal Representative of the Estate of Kiplangat arap Maina (Deceased) (Applicant); Bett (Being the Legal Representative of the Estate of Kibet Arap Maina alias Job Kibet Maina (Deceased) (Interested Party) [2025] KEELC 4989 (KLR)
The Environment and Land Court at Kericho dismissed a preliminary objection, holding that res judicata could not be resolved as a pure point of law on the material before it.
Oloo v Sweta & 5 others [2025] KEELC 4739 (KLR)
The court revived an abated suit after finding sufficient cause for an eight-year delay, substituted the deceased plaintiff with the administrator, and allowed amendment.
Janira v Sifuna & another [2025] KEHC 7527 (KLR)
The court held that the appellant's application to revive the suit was incompetent because she failed to first seek extension of time to substitute herself as legal representative of the deceased plaintiff, as required by Order 24 Rule 3(2) and the binding authority of the Court of Appeal in Rebecca Mijide Mungole & Cleophas Organ Omwenga v Kenya Power & Lighting Co Ltd & Anor. The court found that the correct procedure is to first apply for extension of time to substitute, and only after such extension is granted, to seek revival of the abated suit. Since the appellant sought revival before…
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Andrew v Gitonga [2025] KEBPRT 302 (KLR)
The Tribunal dismissed an application to set aside prior orders and revive proceedings, holding there was no properly instituted suit capable of revival.
Orwaru v Kitutu Chache North Constituency Development Fund Board & 2 others [2025] KEELC 3812 (KLR)
The court allowed substitution of a deceased petitioner, revived the abated petition, and gave 14 days to file an amended petition. No costs were awarded.
Wanyoike (Suing as Administrator Ad Litem of the Estate of Wanyoike Mung’ethu - Deceased) v Kiboria & 2 others [2025] KEELC 3377 (KLR)
The court held that the Applicant failed to demonstrate sufficient cause for the delay in seeking reinstatement of the abated suit. The explanation offered—family grief and unfamiliarity with the case—was found inadequate, especially given that a close relative (the 2nd Respondent) was aware of the litigation and that the Applicant waited nearly a year after obtaining the Grant Ad Litem to file the application. The court emphasized that while justice should not be defeated by procedural technicalities, the law also requires diligence and timely action. The Applicant's inaction was deemed clos…
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Nzioka (Suing as the Administrator of the Estate of Paul Nzioka Ndote (Deceased)) v Thige & 3 others; Mwangi (Applicant) [2025] KEELC 3262 (KLR)
The court dismissed an application to revive an abated land suit and substitute the deceased plaintiff, finding no sufficient cause for over seven years of inaction.
Kimitei (Suing as the Legal Representative of the Estate of Nyongio Kimitei) v Mitei & 5 others [2025] KEELC 4145 (KLR)
The court dismissed an application to revive an abated land suit and extend time for substitution, finding no sufficient cause for delay and a defective supporting affidavit.
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