Ngaine (Suing as a Legal Representative of the Estate of John Mbeti Muriithi – Deceased) v Kamau & 5 others (Environment and Land Case E339 of 2022) [2026] KEELC 18 (KLR)
The bottom line
#The Environment and Land Court allowed a landowner to update her lawsuit with new facts, rejecting an attempt to kill the case as 'abated'.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit had abated under Order 5 Rule 1(6) / Order 24 Rule 4 of the Civil Procedure Rules
The suit has not abated; the Court retains jurisdiction over the matter and the Plaintiff's application
The court applied Order 24 Rule 4, which governs abatement on the death of a party, and noted that no party had died and that there were pending applications being dealt with by the Court. Abatement as claimed by the 1st Defendant was therefore misconceived, and the Court had jurisdiction to entertain the application for leave to amend.
Whether the Plaintiff should be granted leave to amend her Plaint
Leave granted; amendment serves determination of the true substantive merits, matter is at pre-trial stage and no prejudice demonstrated
Applying Order 8 Rule 3 and Rule 5 and the Court of Appeal's summary of the law on amendment in Elijah Kipngeno Arap Bii v Kenya Commercial Bank Limited, the court held that amendments should be allowed at any stage if made in good faith, are material, and cause no prejudice. The Plaintiff sought to plead subsequent events — trespass by the 1st Defendant and the 2nd Defendant's acquisition of a parallel title — which were relevant to the true merits. Defendants get corresponding leave to amend their defences.
Legal principles established
#- A suit cannot abate under Order 24 Rule 4 where no party has died and there are pending applications in the matter
- Amendment of pleadings may be allowed at any stage of the proceedings where it serves the real question in controversy and causes no demonstrated prejudice
Court orders
#- 1.The Plaintiff is granted leave of fourteen (14) days to file and serve her amended Plaint as shown in the draft amended Plaint annexed to the supporting affidavit in the application dated 1st August 2025
- 2.Upon service the Defendants are granted corresponding leave of fourteen (14) days to file and serve their respective amended statements of Defence
- 3.Costs be in the cause
- 4.The 1st Defendant's application dated 21st August, 2025 dismissed
- Jurisdiction invoked
- Civil Procedure Rules, Order 8 Rule 3 and Order 24 Rule 4
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngaine (Suing as a Legal Representative of the Estate of John Mbeti Muriithi – Deceased) v Kamau & 5 others (Environment and Land Case E339 of 2022) [2026] KEELC 18 (KLR)", Case Analysis (2026). Not stated in the extracted text (references to suits 339 of 2022 and 284 of 2022 appear in the appearances). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/18/eng@2026-01-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.