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Court of AppealAllowedNot stated in the judgment· [2017] KECA 564 (KLR)

Francis Kaagu Karichu v Johnson Mburu Karichu (Civil Appeal 64 of 2015) [2017] KECA 564 (KLR)

Court of Appeal of Kenya
25 April 2017
EGE. M. Githinji
234 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that a deceased party's legal representative must be substituted in an appeal within 12 months of death, or the case risks collapsing.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal by Githinji, JA, determining an application by the appellant for substitution of Lucy Nyambura Mburu in place of Johnson Mburu Karichu, the respondent in the appeal, who died on 18 December 2015. The court considered the supporting affidavit and annexed documents, the replying affidavit of Lucy Nyambura Mburu sworn on 18 January 2017, and Rules 99(1) and 99(2) of the Court of Appeal Rules. Under Rule 99(1), the court held that it has a duty, on the application of any interested person, to cause a legal representative of a deceased party to be made a party to an appeal. The application was filed on 16 December 2016, which fell within the 12-month period stipulated by Rule 99(2). The court further noted that Lucy Nyambura Mburu had been appointed legal representative of the deceased on 14 September 2016 in Eldoret High Court Succession Cause No. 25 of 2016. Finding no valid reason to refuse the application, the court allowed it and joined Lucy Nyambura Mburu as a party to the appeal as legal representative of the deceased respondent. Costs of the application were made costs in the appeal. The ruling was dated and delivered on 25 April 2017. This is an interlocutory procedural decision, not a determination of the appeal itself, and no lower-court decision was reviewed.

Key legal issues

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01

Substitution of a legal representative for a deceased party to an appeal

Holding

Where a party to an appeal dies, the Court will, on application, join the deceased's legal representative as a party, provided the application is made within the 12-month window under Rule 99(2).

Reasoning

The respondent died on 18 December 2015. The application was filed on 16 December 2016, within the 12-month period stipulated by Rule 99(2). The applicant had been appointed legal representative of the estate on 14 September 2016 in Eldoret High Court Succession Cause No. 25 of 2016. In those circumstances the court found no valid reason to refuse the application and allowed it, joining the legal representative in place of the deceased respondent.

p. 1

Legal principles established

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  • Under Rule 99(1) of the Court of Appeal Rules, the Court has a duty, on application of any interested person, to cause a legal representative of a deceased party to be made a party to an appeal.

Court orders

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  1. 1.The application for substitution is allowed
  2. 2.Lucy Nyambura Mburu is joined as a party in the appeal as legal representative of the deceased/respondent
  3. 3.Costs of the application shall be costs in the appeal

Authorities

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Legislation

  • Court of Appeal RulesRule 99(1); Rule 99(2)
Jurisdiction invoked
Rule 99(1) and 99(2) of the Court of Appeal Rules

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, "Francis Kaagu Karichu v Johnson Mburu Karichu (Civil Appeal 64 of 2015) [2017] KECA 564 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/564/eng@2017-04-25

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