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Case Brief · caselaw.co.ke
Court of AppealAllowedCivil Appeal (Application) 74 of 2018

M'rintari v M'rintari

Court of Appeal
19 December 2025
1,103 words in judgment
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The bottom line

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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

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nyeri (Ali-Aroni, JA) on a notice of motion dated 12 August 2025 seeking substitution and reinstatement of an appeal. The deceased appellant, M'Muguna M'Rintari, died on 25 June 2023; the respondent, James M'Ngaruthi M'Rintari, had died earlier, on 13 February 2023. The applicant, a son of the deceased appellant armed with a limited grant obtained on 22 January 2025, sought substitution and revival under rule 102 of the Court of Appeal Rules. The respondent's side opposed, contending the appeal had abated, that the applicant knew of the abatement and took no action for about four years, and that the court's orders had been fully implemented, ending the litigation. The court framed a single issue: whether to allow substitution and revival. Applying rule 102 and its prior decisions in Njoroge v Kamau and Ngari v Murithi, it held that revival requires sufficient cause and is not a matter of right. Accepting the applicant's explanation - the family's ignorance of the appeal's progress, family disputes, and the time succession matters take - the judge was satisfied. The court also noted the respondent gave no details of the orders said to have concluded the litigation. The application was allowed: the applicant and his sister Rodah Makena were substituted for the deceased appellant, the appeal was revived, and it was directed to be listed for hearing in the next term. No costs order was made. The ruling binds subordinate courts on the rule 102 sufficient-cause standard for revival of abated appeals.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether to allow substitution and revival of the appeal

Key legal issues

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01

Whether the appeal, which abated on the deaths of both parties, should be revived and the applicant substituted

Holding

The application was allowed; the applicant and his sister were substituted for the deceased appellant and the appeal revived.

Reasoning

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

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  • 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

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  1. 1.The applicant Stephen Kithinji M'Muguna and his sister Rodah Makena are substituted in place of the deceased appellant
  2. 2.The appeal is revived
  3. 3.Since directions had already issued, the appeal be listed for hearing in the next term

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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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.
p. 3final orders - substitution and revival
A prayer for revival of an appeal which has abated cannot be allowed as a matter of course or as of right.
p. 2revival of abated appeals - sufficient cause
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.
p. 2judicial approach to delay caused by bereavement and succession

Issues in the judgment

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minor

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.

minor

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

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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, "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.