Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment· [2025] KEELC 6762 (KLR)

Mitei v Too (Environment and Land Case E011 of 2022) [2025] KEELC 6762 (KLR)

High Court of Kenya (Environment and Land Court bench at Kapsabet)
6 October 2025
GOG M A Ongondo
342 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

#

A Kenyan court allowed a deceased defendant's family members, holding valid letters of administration, to step into his place in an ongoing land dispute.

What this practically means

#

Executive summary

#
The defendant in this suit, Rashid Kipkurgat Too, died in 2024. His advocates, Chelimo and Company Advocates, filed a notice of motion dated 29th September 2025 pursuant to, inter alia, sections 3 and 3A of the Civil Procedure Act seeking substitution of the deceased's legal representatives - Kurgat Aziz Kirwa, Faraj Kiplimo Kurgat, Kipngetich Ali Kurgat and Ibrahim Kiprop Kurgat - as parties in the suit in his place, together with further directions and costs in the cause. In support, the applicant annexed the certificate of death and a copy of the grant of representation issued in Eldoret Principal Magistrate's Court in KUSUCC No. E004 of 2024. Counsel for the plaintiff/respondent (Rotich, Langat and Partners Advocates) did not oppose the application. The court, Ongondo J, applied Omari Kaburu v Industrial and Commercial Development Corporation, holding that a grant is what clothes a person with locus standi in suits concerning the estate of a deceased person. Observing that it was common ground that the application be allowed, the court found the application meritorious and allowed it in terms of the first and third prayers: substitution of the named legal representatives and costs of the application in the cause. The second prayer (further directions) was not granted. Delivered at Kapsabet on 6th October 2025.

Key legal issues

#
01

Whether the proposed legal representatives had capacity to be substituted for the deceased defendant

Holding

Yes - a grant of representation in respect of the deceased's estate was in place and confers locus standi

Reasoning

The applicant annexed a copy of the grant issued in Eldoret Principal Magistrate's Court KUSUCC No. E004 of 2024 together with the death certificate. Citing Omari Kaburu v Industrial and Commercial Development Corporation, the court held that a grant is what clothes a person with locus standi in suits concerning a deceased's estate. The application was unopposed and common ground existed that it be allowed.

p. 2

Legal principles established

#
  • A grant of letters of administration is what confers locus standi on a person to litigate on behalf of the estate of a deceased person

Court orders

#
  1. 1.The legal representatives of the deceased defendant (Kurgat Aziz Kirwa, Faraj Kiplimo Kurgat, Kipngetich Ali Kurgat and Ibrahim Kiprop Kurgat) to be substituted and made parties in the suit in place of the deceased defendant
  2. 2.Costs of the application to be in the cause
Jurisdiction invoked
Sections 3 and 3A of the Civil Procedure Act, Chapter 21 Laws of Kenya (inherent power)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mitei v Too (Environment and Land Case E011 of 2022) [2025] KEELC 6762 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6762/eng@2025-10-06

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