Otieno & 2 others v Aoko (Sued as Legal Representative of the Estate of the Late Elizafan Aoko Gumbo)

Aoko, John Otieno Aoko and George Gumbo Aoko petitioned for a grant of letters of administration ad litem in the Principal Magistrate’s Court at Rongo in Succession Misc. Cause No. E008 of 2026, and were issued with a limited grant on 19th March 2026 to defend and oppose the appeal herein. 3. Mr. Aoko asserted that they are desirous of continuing with the appeal on behalf of their late father’s estate, in place of their late brother who acted as the respondent in the proceedings. That the instant application was made within 12 months of the deceased respondent. 4. This application was listed before me on 16th September 2026 as a chamber matter for consideration in the absence of the parties or their advocates. It is for determination based on the material on record. I can conrm that parties were served with a hearing notice on 8th September 2026. However, the appellants as the respondents in the application neither led a response nor written submissions to oppose the instant application for substitution of the deceased respondent. 5. In the applicants’ written submissions dated 11th September 2026, the applicants restated the provisions of Rule 102 of the Court of Appeal Rules in urging the Court that they be substituted as respondents. Rule 102 (1) and (2) states as follows: “ 1) An appeal shall not abate on the death of the appellant or respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased person to be made a party in place of the deceased. (2) If no application is made under sub-rule (1) within twelve months from the date of the death of the appellant or respondent, the appeal shall abate.” 6. I am satised that the applicants are the due legal representatives of the deceased respondent, they have made the application within the prescribed 12 months and the cause of action has survived the deceased appellant. 7. Accordingly, I allow the application. Leave is hereby granted for Isaac Otieno Aoko, John Otieno Aoko and George Gumbo Aoko to substitute the deceased respondent as the due legal representatives, and, costs of the application to abide the outcome of the appeal. DATED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2026. B. ONGAYA ................ JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1935/eng@2026-09-25 2

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