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ELCPartially AllowedNot stated in the judgment

Mitei v Too (Environment and Land Case E011 of 2022) [2025] KEELC 6762 (KLR)

High Court of Kenya (Environment and Land Court bench at Kapsabet)
6 October 2025
342 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed a deceased defendant's family members, holding valid letters of administration, to step into his place in an ongoing land dispute.

What this practically means

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Executive summary

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The defendant in this suit, Rashid Kipkurgat Too, died in 2024. His advocates, Chelimo and Company Advocates, filed a notice of motion dated 29th September 2025 pursuant to, inter alia, sections 3 and 3A of the Civil Procedure Act seeking substitution of the deceased's legal representatives - Kurgat Aziz Kirwa, Faraj Kiplimo Kurgat, Kipngetich Ali Kurgat and Ibrahim Kiprop Kurgat - as parties in the suit in his place, together with further directions and costs in the cause. In support, the applicant annexed the certificate of death and a copy of the grant of representation issued in Eldoret Principal Magistrate's Court in KUSUCC No. E004 of 2024. Counsel for the plaintiff/respondent (Rotich, Langat and Partners Advocates) did not oppose the application. The court, Ongondo J, applied Omari Kaburu v Industrial and Commercial Development Corporation, holding that a grant is what clothes a person with locus standi in suits concerning the estate of a deceased person. Observing that it was common ground that the application be allowed, the court found the application meritorious and allowed it in terms of the first and third prayers: substitution of the named legal representatives and costs of the application in the cause. The second prayer (further directions) was not granted. Delivered at Kapsabet on 6th October 2025.

Questions the Court framed

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

  1. 1.Whether the legal representatives of the deceased defendant should be substituted in place of the deceased defendant
  2. 2.Whether the application dated 29th September 2025 is meritorious

Key legal issues

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Whether the proposed legal representatives had capacity to be substituted for the deceased defendant

Holding

Yes - a grant of representation in respect of the deceased's estate was in place and confers locus standi

Reasoning

The applicant annexed a copy of the grant issued in Eldoret Principal Magistrate's Court KUSUCC No. E004 of 2024 together with the death certificate. Citing Omari Kaburu v Industrial and Commercial Development Corporation, the court held that a grant is what clothes a person with locus standi in suits concerning a deceased's estate. The application was unopposed and common ground existed that it be allowed.

p. 2

Legal principles established

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  • A grant of letters of administration is what confers locus standi on a person to litigate on behalf of the estate of a deceased person

Court orders

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  1. 1.The legal representatives of the deceased defendant (Kurgat Aziz Kirwa, Faraj Kiplimo Kurgat, Kipngetich Ali Kurgat and Ibrahim Kiprop Kurgat) to be substituted and made parties in the suit in place of the deceased defendant
  2. 2.Costs of the application to be in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 3 and 3A of the Civil Procedure Act, Chapter 21 Laws of Kenya (inherent power)

Relief refused

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Prayer (b) - such other and/or further directions to meet the ends of justice

The court allowed the application only in terms of the 1st and 3rd prayers

p. 2

Costs

Costs of the application to be in the cause.

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 grant is what clothes a person with locus standi in suits estate of the deceased
p. 2Locus standi of legal representatives of a deceased party
Wherefore, the application dated 29th September 2025 is meritorious and hereby allowed in terms of the 1st and 3rd prayers therein as stated in paragraph 1 (a) and (c) hereinabove.
p. 2Final orders - substitution allowed
It is so ordered.
p. 2Disposition

Issues in the judgment

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minor

The notice of motion is described as dated 29th September 2029 in the opening paragraph but later referred to as dated 29th September 2025

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, "Mitei v Too (Environment and Land Case E011 of 2022) [2025] KEELC 6762 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6762/eng@2025-10-06

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