M'rintari v M'rintari
The bottom line
#Kenya's Court of Appeal revived an appeal filed by a deceased person, accepting that grief and slow succession processes justified the delay in substituting his family.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether to allow substitution and revival of the appeal
Key legal issues
#Whether the appeal, which abated on the deaths of both parties, should be revived and the applicant substituted
The application was allowed; the applicant and his sister were substituted for the deceased appellant and the appeal revived.
Rule 102 permits revival where the legal representative was prevented by sufficient cause. The applicant explained that the family was unaware of the appeal's progress at the death, then had family issues to resolve, and obtained a limited grant on 22 January 2025. The court accepted this explanation, noting bereavement and the time succession matters take, and that the respondent gave no details of the orders said to have ended the litigation.
Legal principles established
#- A legal representative of a deceased appellant or respondent must seek substitution within twelve months of death; failing which the appeal abates and revival requires sufficient cause.
- Revival of an abated appeal is not automatic; the applicant must prove sufficient cause preventing continuation of the appeal.
Court orders
#- 1.The applicant Stephen Kithinji M'Muguna and his sister Rodah Makena are substituted in place of the deceased appellant
- 2.The appeal is revived
- 3.Since directions had already issued, the appeal be listed for hearing in the next term
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rule 102 of the Court of Appeal Rules (invoked as rule 102 of the Civil Procedure Rules 2022 in the motion)
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.
In the end I allow the application and substitute the applicant and his sister in place of the deceased. The appeal is equally revived.
A prayer for revival of an appeal which has abated cannot be allowed as a matter of course or as of right.
The court is not blind to the fact that death of a loved one takes a toil on the bereaved family and issues of succession take a while to be discussed and resolved.
Issues in the judgment
#Respondent named as James M'Ngaruthi M'Rintari (deceased), yet the replying affidavit is sworn by Hellen Kinya Kabiti, whose capacity or relationship is not explained.
The notice of motion invokes rule 102 of the Civil Procedure Rules 2022 instead of the Court of Appeal Rules; the judge merely 'takes it' that the correct rules were intended.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M'rintari v M'rintari", Case Analysis (2025). Civil Appeal (Application) 74 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2230/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.