Thomas (Deceased) v Agricultural Finance Corporation & another (Civil Appeal (Application) 201 of 2023) [2026] KECA 10 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that an appeal survives a party's death if a legal representative is substituted within twelve months, using a limited grant.
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 applicant, holding a limited grant of letters of administration ad litem, should be substituted for the deceased appellant in the pending appeal
- 2.Whether the substitution application was made within the twelve-month period prescribed by Rule 102(2) of the Court of Appeal Rules
Key legal issues
#Substitution of a deceased appellant by his legal representative under Rule 102(1) of the Court of Appeal Rules
A limited grant of letters of administration ad litem suffices to confer legal authority to represent the deceased's estate for purposes of substitution, and an application made within twelve months of death is in time and should be allowed.
The court found that the applicant had obtained a limited grant ad litem in Migori CMCC Misc Succession Cause E098 of 2024, granting him legal authority to represent the estate. Because the application was lodged within twelve months of the appellant's death on 25th December 2023, the appeal had not abated and substitution was in the interests of justice.
Legal principles established
#- An appeal does not abate on the death of a party; the legal representative of the deceased must be made a party on application, and failure to apply within twelve months of death causes the appeal to abate.
Court orders
#- 1.The application for substitution is allowed
- 2.Fredrick Ochieng’ Ogola shall substitute Charles Ogola Thomas (deceased) as the appellant in this appeal
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rule 102(1) of the Court of Appeal Rules
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.
An appeal shall not abate on the death of the appellant or respondent but the Court shall, on application of any intended person, cause the legal representative of the deceased person to be made a party in the place of the deceased.
The Applicant, Fredrick Ochieng’ Ogola shall substitute Charles Ogola Thomas (deceased) as the appellant in this appeal. There shall be no orders as to costs.
Issues in the judgment
#The applicant and the deceased appellant share the same surname and the appeal number, lower court decision and respondent are not identified in the judgment as provided.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thomas (Deceased) v Agricultural Finance Corporation & another (Civil Appeal (Application) 201 of 2023) [2026] KECA 10 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/10/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.