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Court of AppealAllowedNot stated in the judgment (appeal against judgment and decree in Migori ELC Petition No. 18 of 2017)· [2025] KECA 1714 (KLR)

Oyieke (Deceased) v District Land Registrar, Rachuonyo District & 2 others; Oyieke (Applicant) (Civil Appeal (Application) 301 of 2019) [2025] KECA 1714 (KLR)

Court of Appeal of Kenya
21 October 2025
ASAsike-Makhandia
399 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal allowed an estate to continue a land appeal after the appellant died, because the substitution application was filed within 12 months.

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 at Kisumu delivered by Asike-Makhandia, JA, on 21st October 2025, determining an application for substitution of a deceased appellant. The underlying appeal, lodged on 19th December 2019, challenged the judgment and decree of the Environment and Land Court at Migori in ELC Petition No. 18 of 2017 delivered on 10th July 2019, concerning land known as LR No. West Karachuonyo Klblrl Kanylplr 616, formerly registered in the name of Yason Oyieke Ogweno, now deceased. Following the appellant's death, the applicant obtained a limited grant of letters of administration ad litem and applied to be substituted in place of the deceased appellant. The respondents were served but filed neither papers in opposition nor submissions, so the court treated the application as unopposed. Relying on Rule 102 of the Court of Appeal Rules, 2022, the court held that the death of a party does not cause an appeal to abate and that a legal representative may apply for substitution within 12 months of death, failing which the appeal abates by operation of law. The certificate of death showed the deceased died on 12th June 2024, making 11th June 2025 the deadline; the application lodged on 10th June 2025 was therefore filed within time. The court allowed the application as prayed. No costs order was recorded and no authorities were cited.

Key legal issues

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01

Timeliness of the substitution application under Rule 102 of the Court of Appeal Rules, 2022

Holding

The application lodged on 10th June 2025 was within the 12-month period following the death of the appellant on 12th June 2024, and was therefore properly before the court.

Reasoning

Rule 102(1) provides that the death of a party does not cause the appeal to abate and permits a legal representative to be substituted. Rule 102(2) imposes a 12-month deadline running from the date of death, after which the appeal abates by operation of law. The death certificate showed death on 12th June 2024, so the deadline was 11th June 2025; the application filed 10th June 2025 fell within the statutory period and was unopposed.

p. 2

Legal principles established

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  • Where a party to an appeal dies, the appeal does not abate by virtue of the death; a legal representative may apply to be made a party in place of the deceased, but must do so within 12 months of the date of death, failing which the appeal abates by operation of law.

Court orders

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  1. 1.The application to substitute the deceased appellant with his legal representative is allowed as prayed

Authorities

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Legislation

  • Court of Appeal Rules, 2022Rule 102 and Rule 102(2)
On appeal from
Environment and Land Court
Migori ELC Petition No. 18 of 2017
Jurisdiction invoked
Rule 102 of the Court of Appeal Rules, 2022 (substitution of a deceased party)

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, "Oyieke (Deceased) v District Land Registrar, Rachuonyo District & 2 others; Oyieke (Applicant) (Civil Appeal (Application) 301 of 2019) [2025] KECA 1714 (KLR)", Case Analysis (2025). Not stated in the judgment (appeal against judgment and decree in Migori ELC Petition No. 18 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1714/eng@2025-10-21

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