Republic v County Surveyor Vihiga Cunty; Agama (Being Administrator of the Estate of Tom Mahagwa Egosagwa) (Exparte Applicant); Ludenyo (Being Administrator to the Estate of Matia Ludenyo Luhunza - Deceased) (Interested Party) (Environment and Land Judicial Review Case E004 of 2021) [2025] KEELC 4607 (KLR)
The bottom line
#The High Court confirmed that a personal representative must pay court costs awarded against a deceased person's estate, and attachment of property can proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether a personal representative is liable for costs awarded in proceedings prosecuted on behalf of the deceased's estate
Yes; the personal representative has powers and duties under sections 82 and 83 of the Law of Succession Act, including paying debts of the estate, and costs in a suit filed by or against the estate are such debts
Sections 82 and 83 of the Law of Succession Act confer powers and impose duties on personal representatives, including paying out of the estate all debts. Costs in a suit filed by or against a deceased person's estate are such a debt. The applicant freely chose to represent the estate and cannot both represent it and disown liability for its costs.
Whether the certificate of costs should be rectified due to alleged alteration/distortion of party names
No; the naming reflected proper judicial review nomenclature and any misspellings were inconsequential
In judicial review, proceedings are brought in the name of the Republic, the respondent is ordinarily a government officer or quasi-judicial body, and the affected person is the interested party. Thus the taxing officer exhibited no malice. The court should not perpetuate a party's basic error in citing parties, and misspellings do not change the substance of the certificate.
Whether instalment payment of the taxed costs should be allowed
Refused; no justification and it would defeat expeditious access to justice
Costs were assessed at Kshs. 268,658/=. Payment of Kshs. 15,000/= per month would span about 18 months, which the court found unjustified and inconsistent with the right of a successful litigant to enjoy the fruits of judgment expeditiously. The applicant offered no basis for the proposal.
Legal principles established
#- A personal representative who takes over proceedings on behalf of a deceased litigant stands in the place of the deceased and is bound to satisfy costs awarded against the estate
- A judicial review application is ordinarily made in the name of the Republic though filed by the ex parte applicant; the respondent is ordinarily a government officer or person exercising quasi-judicial powers, and the person affected is the interested party
- Misspellings or omissions of parties' names are inconsequential and do not change the substance of a certificate of costs
Court orders
#- 1.The Notice of Motion dated 24th March 2025 is dismissed
- 2.Costs of the application to the Interested party
- Jurisdiction invoked
- Order 22 Rule 51 of the Civil Procedure Rules (objection to attachment in execution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Surveyor Vihiga Cunty; Agama (Being Administrator of the Estate of Tom Mahagwa Egosagwa) (Exparte Applicant); Ludenyo (Being Administrator to the Estate of Matia Ludenyo Luhunza - Deceased) (Interested Party) (Environment and Land Judicial Review Case E004 of 2021) [2025] KEELC 4607 (KLR)", Case Analysis (2025). Judicial Review application (Notice of Motion dated 24th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4607/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.