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Court of AppealAllowedNot stated in judgment

Daniel Kahara Wakigo v Salome Wangui Chege & another [2020] KECA 18 (KLR)

Court of Appeal
18 December 2020
PKP. O. Kiage
193 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that a deceased appellant's widow with a limited grant can be substituted to keep an appeal alive under Rule 99(1).

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nairobi delivered by P. O. Kiage, JA on 18th December 2020. The motion dated 25th September 2020 was brought under Rule 99(1) of the Court of Appeal Rules seeking the substitution of the appellant Daniel Kahara Wakigo, who died on 5th May 2020, as evidenced by a Certificate of Death annexed to the supporting affidavit of his widow, Naomi Wairimu Kahara. The applicant also cited Order 24 of the Civil Procedure Rules, which the court held to be of no application and disregarded. The motion was unopposed, no replying affidavit having been filed by the respondent. The court was satisfied that the widow, holding a limited grant of letters of administration issued in Nairobi HCF P&A/E770/2020, was the legal representative of the deceased appellant, and that the motion had been brought in timely fashion. It accordingly allowed the motion with no orders as to costs. The ruling does not disturb any underlying decision; it is purely procedural, ensuring the appeal survives the death of the appellant. No authorities were cited and no questions of substantive law arise beyond the proper procedural route for substitution on the Court of Appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the widow holding a limited grant of letters of administration should be substituted for the deceased appellant
  2. 2.Whether Order 24 of the Civil Procedure Rules applies to the application

Key legal issues

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01

Substitution of a deceased appellant by their legal representative

Holding

An unopposed, timely application under Rule 99(1) for substitution by a widow holding a limited grant is allowed.

Reasoning

The applicant produced a Certificate of Death showing the appellant died on 5th May 2020 and a limited grant of letters of administration issued to her, establishing she is the legal representative. The motion was brought in timely fashion and unopposed, with no replying affidavit filed, so there was no basis to refuse it.

p. 1

Legal principles established

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  • Order 24 of the Civil Procedure Rules does not apply to substitution applications in the Court of Appeal governed by Rule 99(1)

Court orders

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  1. 1.Substitution of the widow Naomi Wairimu Kahara as legal representative of the deceased appellant allowed
  2. 2.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

PK
majority

Wrote the judgment

Jurisdiction invoked
Rule 99(1) of the Court of Appeal Rules

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The motion having been brought in timely fashion, and being satisfied that the widow Naomi Wairimu Kahara, who holds a limited grant of letters of administration issued to her in Nairobi HCF P&A/E770/2020, is the legal representative of the appellant, I allow the motion with no orders as to costs.
p. 1final orders - substitution allowed
The latter rules are of no application to the matter at hand and I shall duly ignore them.
p. 1inapplicability of Order 24 Civil Procedure Rules

Issues in the judgment

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minor

Case number, neutral citation and full party names are not stated in the judgment copy provided

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Daniel Kahara Wakigo v Salome Wangui Chege & another [2020] KECA 18 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/18/eng@2020-12-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.