Waweru & another v Njuguna (Environment & Land Case 140B of 2021) [2025] KEELC 4575 (KLR)
The bottom line
#A Kenyan court dismissed children's bid to replace their deceased mother in a land suit because they waited too long and skipped the required legal steps.
What this practically means
#Executive summary
#Key legal issues
#Whether substitution of a deceased plaintiff's legal representative is competent where the suit has already abated
The application is incompetent; the suit abated by operation of law one year after the plaintiff's death, and the Applicants were first required to seek extension of time and revival under Order 24 Rule 7(2) before seeking substitution
Order 24 Rule 3(2) provides that where no application is made within one year of a plaintiff's death, the suit abates. The deceased died on 7th December 2012 and the grant issued on 8th September 2014, yet substitution was only sought on 15th August 2023. Following the Court of Appeal in Rebecca Mijide Mungole, the sequence under Order 24 must be followed: extension of time first, then joinder, then revival. Substitution alone cannot resuscitate an abated suit.
Whether the delay and procedural missequencing can be excused in the interest of justice under Article 159(2)(d)
No; procedural rules under Order 24 are binding and Article 159(2)(d) does not override them
The court held that the rules are neither ornamental nor optional, and the Applicants' assertion of a right to be heard could not cure a decade-long failure to act. Litigants must adhere to the procedural architecture that gives coherence to the judicial process; the applicants failed to demonstrate any genuine impediment such as would justify relief.
Legal principles established
#- Where a suit has abated, substitution cannot precede restoration; the legal representative must first seek extension of time and revival before applying to be joined
- Invoking Article 159(2)(d) of the Constitution does not excuse non-compliance with mandatory procedural rules
Court orders
#- 1.The Application dated 15th August 2023 is dismissed with costs to the Respondent
- Jurisdiction invoked
- Civil Procedure Rules, 2010, Order 24 (substitution of deceased plaintiff's legal representative)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waweru & another v Njuguna (Environment & Land Case 140B of 2021) [2025] KEELC 4575 (KLR)", Case Analysis (2025). Not stated in the extract (Thika ELC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4575/eng@2025-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.