Kinyua v Makanga; Kinyua (Applicant) (Civil Appeal (Application) E164 of 2022) [2025] KECA 599 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the deceased appellant's appeal survives her death and should be continued by substitution of a legal representative
- 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
#Substitution of a deceased appellant by a legal representative
Where an appellant dies and the appeal survives, a surviving son with letters of administration ad litem may be substituted to continue the appeal
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.
Legal principles established
#- 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
#- 1.Gibson Murage Kinyua is substituted in place of the deceased appellant Peris Wanjira Kinyua
- 2.No order on costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rules 44(1) and 102 of the Court of Appeal Rules
Quotable passages
#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.
I am satisfied that the application is merited and I allow it.
Issues in the judgment
#The judgment states the applicant 'would sufier irreparable prejudice' - an apparent typographical error for 'suffer'
The respondent is recorded as the deceased appellant herself, so no opposing party is identified on the record
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.