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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment

Thuo (Suing as the Legal Administrator of the Estate of the Late Peris Njeri Thuo) v Mungai (Suing as a Co-Administrator of the Estate of the Late Hannah Wanjiku Mungai) (Civil Appeal (Application) 58 of 2018) [2026] KECA 271 (KLR)

Court of Appeal of Kenya
19 February 2026
226 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal replaced a deceased respondent with her legal representative after both sides agreed, even though the grant proving his authority was missing.

What this practically means

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Executive summary

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This short ruling of the Court of Appeal at Eldoret, delivered by J. Mativo, JA on 19th February 2026, deals with an interlocutory application dated 14th November 2025 seeking the substitution of a deceased respondent, Peris Njeri Thuo (who died on 24th January 2023 per the annexed death certificate), with the applicant, Geofirey Boro Thuo. The Court observed that although the applicant asserted he had obtained a limited grant, the grant itself was not annexed, so the Court could not verify whether the applicant had the legal capacity to be substituted as the deceased's legal representative. That deficiency was cured by the parties' conduct: a consent letter dated 16th February 2026, signed by counsel for both parties, agreed that the period be extended as prayed and that the costs of the application be in the cause. On that consent, the Court allowed the application, ordered the substitution of Geofirey Boro Thuo as respondent in the appeal, and directed that costs be in the cause. The ruling is by consent, resolves no contested issue of law, cites no authorities or statutes, and carries no binding doctrinal proposition beyond confirming that the Court will act on counsel's consent in substitution matters. There is no decision below under review; the disposition is the allowing of the application by consent.

Questions the Court framed

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

  1. 1.Whether the deceased respondent Peris Njeri Thuo should be substituted with the applicant Geofirey Boro Thuo in the appeal
  2. 2.Whether the applicant has legal capacity as the deceased's legal representative, given that the limited grant was not annexed

Key legal issues

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01

Whether the applicant could be substituted for the deceased respondent despite not annexing the limited grant

Holding

The Court noted it could not independently ascertain the applicant's legal capacity because the limited grant was not annexed, but allowed the substitution because the parties consented to it.

Reasoning

The Court observed that although the applicant asserted he had obtained a limited grant, the grant was not exhibited, so the Court could not on its own verify his capacity as the deceased's legal representative. However, counsel for both parties signed a consent letter dated 16th February 2026 agreeing to the substitution, extension of time as prayed, and that costs be in the cause. On that consent, the Court allowed the application and effected the substitution.

p. 1

Legal principles established

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  • Where parties consent before the Court of Appeal to an extension and to substitution of a deceased party, the Court may allow the application by consent and order costs to be in the cause.

Court orders

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  1. 1.The application dated 14th November 2025 is allowed by consent of the parties
  2. 2.Peris Njeri Thuo (deceased) be and is hereby substituted with Geofirey Boro Thuo as a respondent in the appeal
  3. 3.Costs in the cause, as per the consent letter dated 16th February 2026

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal over substitution of parties in a pending appeal (not expressly stated in the ruling)

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.

Accordingly, the application dated 14th November 2025 is allowed by consent of the parties. Peris Njeri Thuo (deceased) be and is hereby substituted with Geofirey Boro Thuo as a respondent in this appeal. Costs in the cause.
p. 2Final orders - substitution by consent and costs in the cause
On record is a consent letter dated 16th February 2026 signed by counsel for both parties agreeing by consent that the period be extended as prayed and that the costs of the application be in the cause.
p. 1Consent of parties as the basis of the orders

Issues in the judgment

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minor

The ruling does not state the case number or neutral citation, and the parties' full designations (e.g. the name of the appeal or the applicant's precise role) are not given in the text.

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, "Thuo (Suing as the Legal Administrator of the Estate of the Late Peris Njeri Thuo) v Mungai (Suing as a Co-Administrator of the Estate of the Late Hannah Wanjiku Mungai) (Civil Appeal (Application) 58 of 2018) [2026] KECA 271 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/271/eng@2026-02-19

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