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Court of AppealAllowedNot stated in the judgment (application dated 14th January, 2026)

Oduor v Okech (Civil Appeal (Application) E165 of 2025) [2026] KECA 833 (KLR)

Court of Appeal of Kenya
28 April 2026
818 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed the substitution of a deceased respondent's estate representative, confirming appeals can continue when a party dies mid-case.

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 Kisumu delivered by H. A. Omondi, JA on 28th April 2026, determining an application dated 14th January 2026 brought by David Otieno Oduor, the appellant/administrator of the estate of Joseph Oketch Adede. The applicant sought substitution of Mercyleen Adhiambo Ogutu for the deceased respondent Carena Atieno Okech, who had been the personal representative of the estate and had successfully challenged the confirmation of the grant in the High Court, prompting the applicant's appeal. The respondent died on 1st November 2024, yet the High Court proceeded to deliver its decision without effecting substitution, reasoning there was no evidence of death. The applicant filed his notice and record of appeal within the statutory timelines and, after filing summons for revocation of the grant on 20th May 2025, obtained a new grant on 14th October 2025; the substitution application followed in January 2026. No response was filed, and the court inferred there was no objection. Relying on CKM v ENM and Njoroge v Kamau on the requirement that an estate be heard through its legal representative and on sections 3A and 3B of the Appellate Jurisdiction Act, the court allowed the application, ordered the substitution, and directed that costs be in the cause.

Key legal issues

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01

Substitution of a deceased respondent in a pending appeal under rule 87 of the Court of Appeal Rules, 2022

Holding

Substitution was granted; the applicant demonstrated the legal status of the replacement personal representative, filed the appeal within statutory time, moved promptly after the new grant, and no prejudice or objection was shown

Reasoning

The deceased respondent died on 1st November 2024 before the High Court delivered its decision. The applicant nonetheless filed a notice and record of appeal within the statutory timelines while awaiting appointment of a new personal representative, which occurred in October 2025 after revocation proceedings. The new grant issued in October 2025, and the substitution application was filed in January 2026, within three months. No replying affidavit or submissions were filed, and the court drew the inference that there was no objection, relying on natural justice authorities requiring that an estate be heard through its legal representative.

p. 2

Legal principles established

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  • Where a party to a suit dies and the cause of action survives, the estate must be heard through its legal representative before a decision is rendered, and any decision against the estate can only be satisfied by the legal representative

Court orders

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  1. 1.The application dated 14th January, 2026 be and is hereby allowed
  2. 2.The late Carena Atieno Okech shall be substituted with Mercyleen Adhiambo Ogutu as the respondent
  3. 3.Costs shall be in the cause
On appeal from
High Court
Succession cause (number not stated)
Jurisdiction invoked
Rule 87 of the Court of Appeal Rules, 2022 (with sections 3A and 3B of the Appellate Jurisdiction Act invoked as cited in Njoroge & another v Kamau)

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, "Oduor v Okech (Civil Appeal (Application) E165 of 2025) [2026] KECA 833 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 14th January, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/833/eng@2026-04-28

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