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Court of AppealAllowedNot stated in the judgment (Motion dated 7th February, 2026 within a pending appeal)· [2026] KECA 1111 (KLR)

Thomas Irungu Murai v Mercy Wanjiku Ngugi

Court of Appeal of Kenya
12 June 2026
SKS. Ole Kantai
211 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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When a person with a pending appeal in Kenya's Court of Appeal dies, their personal representative can be substituted to continue the appeal.

What this practically means

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Executive summary

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This is a short procedural ruling of the Court of Appeal at Nairobi, delivered by S. Ole Kantai, JA, on 12th June, 2026, on a motion dated 7th February, 2026. The motion sought the substitution of the appellant, Thomas Irungu Murai, who died on 22nd August, 2025, with Naomi Wairimu Thondu, the holder of a limited grant of letters of administration ad litem issued on 19th December, 2025 by the Magistrates' Court at Thika in Miscellaneous Succession Cause No. E156 of 2025; a certificate of death and the limited grant were annexed to the motion. The respondent's advocates, M/s Ngugi Kamau Advocates, by letter dated 5th May, 2026, indicated they were not opposed to the application. The court held that the appeal survives the death of the appellant and that Naomi, as the legal representative, is entitled to succeed him as appellant. The motion was accordingly allowed, with Naomi Wairimu Thondu substituted to continue the appeal as the appellant. Costs of the motion were ordered to be in the appeal, meaning they will be determined with the costs of the main appeal rather than awarded immediately. The ruling contains no consideration of substantive grounds, no citation of authorities or statutes, and does not disturb any decision below; it is a case-management step within a pending appeal.

Key legal issues

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01

Substitution of a deceased appellant in a pending appeal

Holding

Where an appellant dies pending appeal and a grant of letters of administration ad litem has been issued to a legal representative, that representative is entitled to be substituted as appellant and the appeal survives the death.

Reasoning

The court noted the death certificate and the limited grant of letters of administration ad litem issued to Naomi by the Magistrates' Court at Thika. The respondent's advocates, by letter dated 5th May, 2026, confirmed they were not opposed to the substitution. On that unopposed basis, the court held that the appeal survives the deceased and allowed the substitution, with costs of the motion reserved to the appeal.

p. 1

Legal principles established

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  • An appeal survives the death of an appellant, and a holder of a grant of letters of administration (including a limited grant ad litem) is entitled to be substituted as the appellant.

Court orders

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  1. 1.The Motion dated 7th February, 2026 is allowed
  2. 2.Naomi Wairimu Thondu is substituted as appellant in place of the deceased Thomas Irungu Murai and will henceforth be the appellant in the appeal
  3. 3.Costs of the Motion are in the appeal
Jurisdiction invoked
Inherent procedural power of the Court of Appeal to permit substitution of a deceased appellant; appeal survives death of a party

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, "Thomas Irungu Murai v Mercy Wanjiku Ngugi", Case Analysis (2026). Not stated in the judgment (Motion dated 7th February, 2026 within a pending appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1111/eng@2026-06-12

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