Wairagu (Administrator of the Estate of Lazarus Wanjohi Wairagu-(Deceased) v County Government of Kajiado & 2 others (Civil Appeal (Application) 260 of 2019) [2025] KECA 1838 (KLR)
The bottom line
#The Court of Appeal refused to revive an appeal that automatically died when no one applied to substitute the deceased appellant within one year of his death.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant was prevented by sufficient cause from reviving the abated appeal
The application was dismissed because the applicant failed to demonstrate sufficient cause: no substitution was sought within one year of the deceased's death, the applicant offered an uncontroverted-against explanation of family unawareness of the appeal, and took almost two years after the Limited Grant to file the motion without explaining that delay or showing the grant had been confirmed.
The court applied Rule 102(2) and (3) of the Court of Appeal Rules 2022. The appeal abated by operation of law on 8th November 2021, one year after death. The explanation that the family was unaware of the appeal was undercut by the uncontroverted fact that the deceased, being elderly, was always accompanied to court by relatives. Further, the applicant gave no reason for the near two-year delay between obtaining the Limited Grant on 21st August 2023 and filing the motion on 29th May 2025, and did not show that the grant due for confirmation on 5th February 2024 was ever confirmed.
Legal principles established
#- An appeal does not abate on the death of a party, but if no application for substitution is made within twelve months of death, the appeal abates; it may be revived only where it is proved that the legal representative was prevented by sufficient cause from continuing the appeal
- Where sufficient cause is proved, the court shall revive an abated appeal upon such terms as to costs or otherwise as it deems fit; the burden of proving sufficient cause rests on the applicant
Court orders
#- 1.The applicant's motion dated 29th May 2025 is dismissed in its entirety with no order as to costs
- Jurisdiction invoked
- Rule 102 of the Court of Appeal Rules 2022 (application before a single judge under sub-rule 4)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wairagu (Administrator of the Estate of Lazarus Wanjohi Wairagu-(Deceased) v County Government of Kajiado & 2 others (Civil Appeal (Application) 260 of 2019) [2025] KECA 1838 (KLR)", Case Analysis (2025). Civil Appeal No. 260 of 2019 - Nairobi (Motion dated 29th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1838/eng@2025-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.