Christine Makokha Imbogo v Mechtilda Imbogo
The bottom line
#The Court of Appeal allowed a family member to take over a deceased relative's appeal in a Kenyan burial dispute, but only because they applied within one year of the death.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal abated on the death of the appellant
The appeal did not abate because the substitution application was filed within one year of the appellant's death on 19th June 2024, the application having been filed on 17th June 2025.
Under the Court's Rules, death does not automatically abate an appeal; abatement occurs only if substitution is not sought within one year. The applicant produced letters of administration ad litem showing he is administrator of the deceased appellant's estate. Since the application was made within the one-year window, the appeal survived and the applicant could lawfully be substituted for the deceased appellant.
Whether the appeal should be fast tracked
The court allowed the prayer and directed the Deputy Registrar to prioritize the hearing, invoking section 3(2) of the Judicature Act and the need for speedy resolution of burial disputes.
Burial disputes carry emotional ramifications for relatives and friends, and the subject of the dispute died five years ago while the appellant also died without knowing the fate of her appeal. Section 3(2) of the Judicature Act requires disputes to be resolved according to substantial justice without undue regard to technicalities and without undue delay, supporting expedition.
Legal principles established
#- The death of an appellant does not automatically abate an appeal; substitution must be sought within one year of death, failing which the appeal abates by operation of law unless revived by the court.
Court orders
#- 1.Soita Imbogo substituted for the deceased appellant
- 2.Deputy Registrar of the Court directed to fast track and prioritize the hearing of the appeal
- 3.Costs to be in the appeal
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal under its Rules; section 3(2) of the Judicature Act invoked for the direction on expedition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Christine Makokha Imbogo v Mechtilda Imbogo", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2013/eng@2025-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.