Peris Wanjira Kinyua v Ephantus Karani Makanga
The bottom line
#When an appellant dies mid-appeal in Kenya, a family member with limited administration letters can be substituted to keep the appeal alive.
What this practically means
#Executive summary
#Key legal issues
#Substitution of a deceased appellant by a legal representative
Where an appellant dies and the appeal survives, a surviving son with letters of administration ad litem may be substituted to continue the appeal
The single judge considered the notice of hearing, the applicant's written submissions, the certificate of death showing the appellant died on 9th April 2023, and the letters of administration ad litem. Satisfied that the applicant was the deceased's son, that the appeal survived her, and that he would suffer irreparable prejudice if the order were withheld, the court allowed the motion brought under rules 44(1) and 102.
Legal principles established
#- An appeal that survives the death of an appellant may be continued by the deceased's legal representative, who may be substituted on proof of death and letters of administration ad litem
Court orders
#- 1.Gibson Murage Kinyua is substituted in place of the deceased appellant Peris Wanjira Kinyua
- 2.No order on costs
- Jurisdiction invoked
- Rules 44(1) and 102 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peris Wanjira Kinyua v Ephantus Karani Makanga", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/599/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.