Wananjaba (Deceased) v Juma & another (Environment and Land Appeal E034 of 2021) [2026] KEELC 4771 (KLR)
The bottom line
#A Kenyan court confirmed that a won land case doesn't die when the winner passes away — the estate can enforce it and undo the land subdivision.
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 present proceedings abated by operation of Order 24 Rule 3(2) of the Civil Procedure Rules
- 2.Whether the orders sought in the application are available to the applicant in the absence of an application for revival of the suit
- 3.Whether the application dated 3rd February 2026 is merited
Key legal issues
#Whether the proceedings abated under Order 24 Rule 3(2) of the Civil Procedure Rules
No abatement; the suit had already been determined and a decree issued before the deceased's death, so no pending suit existed capable of abating.
Order 24 Rule 3(2) triggers abatement where no substitution application is made within one year of a party's death. However, the deceased died after the appeal had been heard, determined and a decree extracted. Abatement applies only to pending suits; a concluded suit cannot abate. Order 24 Rule 10 expressly excludes rules 3, 4 and 7 from application to execution proceedings, so substitution post-judgment is competent without revival.
Whether substitution is available without an application for revival of the suit
Revival was unnecessary; the application fell under Order 24 Rule 10 and was competent.
Relying on Waweru v Kariuki, the court held that where judgment has already been delivered, the proper provision is Order 24 Rule 10, which exempts execution proceedings from Rules 3, 4 and 7. The court is also enjoined by Article 48 of the Constitution to make orders enabling the litigant to enforce the decree so it is not rendered a paper judgment.
Whether cancellation of the subdivision of the suit property should issue
Yes; the subdivision occurred after the appeal was filed and, if allowed to subsist, would defeat execution of the decree.
The court of appeal judgment of 20 June 2024 set aside the trial court's judgment and ordered the respondent to vacate Bunyala/Nambacha/702 within 90 days. The parcel was subdivided on 8 November 2022, after the appeal was filed. Allowing the subdivision to subsist would prevent the substituted applicant from executing the judgment and enjoying its fruits, contrary to the right of access to justice under Article 48.
Legal principles established
#- A suit that has been heard and determined cannot abate upon the death of a party; Order 24 Rule 10 exempts post-judgment execution proceedings from the abatement rules.
- Where judgment has been delivered and a decree issued, substitution of a deceased decree holder requires no revival of the suit.
Court orders
#- 1.The deceased plaintiff Charles Juma Wananjaba is substituted with Martin Wawire Juma, the legal representative of the deceased's estate, pursuant to the limited grant of letters of administration issued in Kakamega CMC's Court Ad litem Cause number E004 of 2025
- 2.The subdivision, transfer and registration of the resultant sub-divisions of land parcel Bunyala/Nambacha/702, namely Bunyala/Nambacha/2599 and Bunyala/Nambacha/2600, are cancelled forthwith
- 3.The title deeds for land parcels Bunyala/Nambacha/2599 and 2600 are cancelled and the parcels revert to parcel Bunyala/Nambacha/702 or such other new number as the Director of Surveys and Land Registrar may deem fit, registered in the name of Charles Juma Wananjaba (Deceased)
- 4.The costs of the application shall be borne by the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 48 of the Constitution of Kenya; Order 24 of the Civil Procedure 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.
That the deceased plaintifi Charles Juma Wananjaba is hereby substituted with Martin Wawire Juma the legal representative of the deceased’s estate, pursuant to the limited grant of letters of administration issued in the Kakamega CMC’s Court Ad litem Cause number E004 of 2025.
That the subdivision, transfer and registration of the resultant sub-divisions of the suit land parcel number Bunyala/Nambacha/702 namely Bunyala/Nambacha/2599 and Bunyala/Nambacha/2600 are hereby cancelled forthwith.
In those circumstances, the suit having been determined, there is no pending suit capable of abating, hence the argument that the suit has abated fails.
In view of the right to access to justice provided for in Article 48 of the Constitution of Kenya this court is enjoined to make orders that would allow the litigant enforce the pronouncements made by the court so that the same is not rendered a paper judgment.
Issues in the judgment
#The judgment describes the deceased as having appealed to 'Kakamega ELC Appeal No. E034 of 2021' yet refers to the judgment of 20 June 2024 as 'the judgment of this court', indicating the present motion is filed in the same appeal proceedings; the case caption itself is not reproduced in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wananjaba (Deceased) v Juma & another (Environment and Land Appeal E034 of 2021) [2026] KEELC 4771 (KLR)", Case Analysis (2026). Kakamega ELC Appeal No. E034 of 2021 (Notice of Motion dated 3rd February 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4771/eng@2026-07-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.