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Court of AppealAllowedCivil Appeal E484 of 2021· [2022] KECA 1050 (KLR)
Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another
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·~2 min to read original · ~4 min briefThe bottom line
#The Court of Appeal allowed parties to swap a deceased respondent for his estate's administrator and change lawyers simply by filing a signed consent.
What this practically means
#Executive summary
#This is a short procedural ruling of the Court of Appeal at Nairobi delivered by PM Gachoka, JA, sitting as a single judge, in an appeal (Civil Appeal E484 of 2021) against the judgment of the Environment and Land Court at Makueni (Mbogo C.G, J.) of June 29, 2021. The applicant moved the court by Notice of Motion dated August 1, 2022, invoking Article 259(2) of the Constitution, Rules 31, 69 and 99 of the Court of Appeal Rules, the Appellate Jurisdiction Act and the Civil Procedure Act, seeking substitution of the respondent Simon Muthaka Kamu, who had died, with Aaron Kyengo Kamu as legal administrator of the estate of the late Martha Mbane. Before the motion was heard, the parties' advocates filed a consent on September 16, 2022 agreeing that Kivuitu Maundu & Co. Advocates replace Mwangangi & Associates Advocates on record for the respondent, that the deceased respondent be substituted with Aaron Kyengo Kamu, and that an application dated 11th April 2022 be marked as fully settled. The court adopted the consent and issued orders in those exact terms. The ruling is of procedural significance only: it confirms that a signed consent may be adopted by the appellate court to effect substitution of a deceased party and change of advocates. The underlying appeal remains pending; no costs order was made and no authority was cited.
Key legal issues
#01
Adoption of a consent to substitute a deceased respondent
Holding
The court adopted the parties' consent and ordered substitution of the deceased respondent with Aaron Kyengo Kamu as legal administrator of the estate.
Reasoning
The parties filed a written consent on September 16, 2022 agreeing on substitution and change of advocates. The court, sitting as a single judge, noted the signed consent and adopted it, issuing orders in the exact terms recorded by consent. No substantive opposition or analysis was required.
p. 2
Legal principles established
#- A written consent signed and filed by the parties' advocates may be adopted by the Court of Appeal and given effect as an order of the court, including on substitution of a deceased party and change of advocates on record.
Court orders
#- 1.Leave granted to the firm of Kivuitu Maundu & Co. Advocates to act for the respondent in place of Mwangangi & Associates Advocates
- 2.The respondent Simon Muthaka Kamu (now deceased) substituted with Aaron Kyengo Kamu
- 3.The application dated 11th April 2022 marked as fully settled on the above terms
- On appeal from
- Environment and Land Court of Kenya at Makueni
- Environment and Land Court Case No. 08 of 2019
- Jurisdiction invoked
- Article 259(2) of the Constitution; Rules 31, 69 and 99 of the Court of Appeal Rules; Sections 3, 3A and 38 of the Appellate Jurisdiction Act; Order 1 Rules 1, 3 and 10 and Order 51 Rule 1, Sections 1A, 1B and 31 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another", Case Analysis (2022). Civil Appeal E484 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1050/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.