Otieno (Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased) v Yoya; Onyango (Applicant) (Suing as the administrator of the Estate of Walter Onyango - Deceased) (Environment & Land Case 29 of 2021) [2024] KEELC 168 (KLR)

Otieno (Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased) v Yoya; Onyango (Applicant) (Suing as the administrator of the Estate of Walter Onyango - Deceased) (Environment & Land Case 29 of 2021) [2024] KEELC 168 (KLR) (22 January 2024) (Ruling) Neutral citation: [2024] KEELC 168 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND CASE 29 OF 2021 GMA ONGONDO, J JANUARY 22, 2024 BETWEEN MESHACK TAMBO OTIENO .................................................................. PLAINTIFF SUING AS ADMINISTRATOR OF THE ESTATE OF THE LATE MESHACK OTIENO ARIYA - DECEASED AND WALTER ONYANGO YOYA ................................................................. DEFENDANT AND ERICK GEORGE OMONDI ONYANGO .............................................. APPLICANT SUING AS THE ADMINISTRATOR OF THE ESTATE OF WALTER ONYANGO - DECEASED RULING 1. 2. By a Notice of Motion dated 14th November 2023, the applicant through M/S Ochwangi & Company Advocates has sought the orders infra; a. The Honourable court be pleased to grant leave and/or liberty to the applicant herein to be substituted as the defendant herein in lieu of Walter Onyango Yoya (now deceased) b. Consequent to prayer (20 herein above being granted, the applicant be deemed as the defendant, suing for and on behalf of the estate of the deceased person herein. c. Costs of the application do abide the cause. Ms. Nyaenya instructed by Mr. Ochwangi learned counsel for the respondent has informed the court that the application is unopposed. Thus, she has implored the court to allow the same. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/168/eng@2024-01-22 1

page 1 of 2