Mengich v Cherono & 2 others (Civil Application E039 of 2024) [2025] KECA 1669 (KLR)
The bottom line
#Kenya's Court of Appeal allowed a deceased appellant's family members, holding a grant ad litem, to take over and continue her pending appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the deceased appellant should be substituted with her legal representatives holding a grant ad litem
- 2.Whether the legal representatives should be allowed to continue prosecuting Civil Appeal No. E039 of 2024 on behalf of the deceased appellant
Key legal issues
#Substitution of a deceased appellant by legal representatives
By consent, a deceased appellant may be substituted with her legal representatives who have obtained a grant ad litem, and those representatives may continue the appeal on the deceased's behalf.
The order was made by consent of the parties, adopting a consent dated 23rd June 2025. The court exercised its procedural power to effect substitution where the substituted persons had obtained a grant ad litem in Nakuru ad litem Cause E389 of 2024, enabling the appeal to survive the death of the appellant.
Legal principles established
#Court orders
#- 1.The consent of the parties dated 23rd June 2025 adopted as an order of the court
- 2.The deceased appellant, Rebecca Chepkoech Tomno aka Rebecca Wesley Tomno, substituted with her legal representatives Mary Jemutai Mengich and Edwin Kipruto Tomno
- 3.The said legal representatives allowed to proceed with prosecution of Civil Appeal No. E039 of 2024 on behalf of the deceased appellant
- 4.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent procedural jurisdiction of the Court of Appeal to regulate its own proceedings by consent; substitution of a deceased appellant by legal representatives holding a grant ad litem (Nakuru ad litem Cause E389 of 2024)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The consent by the parties dated 23rd June 2025 is hereby adopted as an order of this court
This honourable court be and is hereby pleased to allow the said legal representatives to proceed with prosecution of Civil Appeal No. E039 of 2024 on behalf of the deceased appellant.
No orders as to costs.
Issues in the judgment
#Document is a short consent order certified by the Deputy Registrar; no underlying judgment, appeal record, or decision of a lower court is reproduced, so appeal-from details cannot be recorded.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mengich v Cherono & 2 others (Civil Application E039 of 2024) [2025] KECA 1669 (KLR)", Case Analysis (2025). Civil Application E039 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1669/eng@2025-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.