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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment

Kinyua v Makanga; Kinyua (Applicant) (Civil Appeal (Application) E164 of 2022) [2025] KECA 599 (KLR)

Court of Appeal of Kenya
28 March 2025
252 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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When an appellant dies mid-appeal in Kenya, a family member with limited administration letters can be substituted to keep the appeal alive.

What this practically means

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Executive summary

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This was a single-judge application in the Court of Appeal at Nyeri, brought by motion under rules 44(1) and 102 of the Court of Appeal Rules by Gibson Murage Kinyua seeking substitution in place of the appellant, Peris Wanjira Kinyua, who died on 9th April 2023. The applicant described himself as the deceased's surviving son and asserted that the appeal survived the deceased and that he would suffer irreparable prejudice if the substitution was refused. In support, he attached a certificate of death and letters of administration ad litem in respect of the deceased's estate. The court noted that hearing notice had been issued to counsel's email addresses on 7th March 2025 with directions to file written submissions, and that it had considered the applicant's written submissions. Satisfied that the application was merited, the court allowed it and ordered that Gibson Murage Kinyua be substituted in place of the deceased appellant. The court made no order as to costs. The judgment is a brief procedural ruling delivering the substantive appeal for continuation by the substituted appellant; it determines no merits issues, cites no case law, and carries no binding doctrinal propositions beyond confirming the substitution procedure for deceased appellants whose appeals survive them.

Questions the Court framed

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

  1. 1.Whether the deceased appellant's appeal survives her death and should be continued by substitution of a legal representative
  2. 2.Whether Gibson Murage Kinyua, as a surviving son holding letters of administration ad litem, should be substituted in place of the deceased appellant

Key legal issues

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01

Substitution of a deceased appellant by a legal representative

Holding

Where an appellant dies and the appeal survives, a surviving son with letters of administration ad litem may be substituted to continue the appeal

Reasoning

The single judge considered the notice of hearing, the applicant's written submissions, the certificate of death showing the appellant died on 9th April 2023, and the letters of administration ad litem. Satisfied that the applicant was the deceased's son, that the appeal survived her, and that he would suffer irreparable prejudice if the order were withheld, the court allowed the motion brought under rules 44(1) and 102.

p. 1

Legal principles established

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  • An appeal that survives the death of an appellant may be continued by the deceased's legal representative, who may be substituted on proof of death and letters of administration ad litem

Court orders

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  1. 1.Gibson Murage Kinyua is substituted in place of the deceased appellant Peris Wanjira Kinyua
  2. 2.No order on costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Rules 44(1) and 102 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.

Gibson Murage Kinyua is hereby substituted in place of the appellant Peris Wanjira Kinyua who has since died.
p. 1Substitution of deceased appellant
I am satisfied that the application is merited and I allow it.
p. 1Final orders - motion allowed

Issues in the judgment

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minor

The judgment states the applicant 'would sufier irreparable prejudice' - an apparent typographical error for 'suffer'

minor

The respondent is recorded as the deceased appellant herself, so no opposing party is identified on the record

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, "Kinyua v Makanga; Kinyua (Applicant) (Civil Appeal (Application) E164 of 2022) [2025] KECA 599 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/599/eng@2025-03-28

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