Njenga (Suing on Behalf of the Estate of Harriet Karura alias Harriet Karura Ndungi) & another v Mwaura & 2 others (Environment and Land Case 127 of 2020) [2026] KEELC 109 (KLR)
The bottom line
#A Kenyan court dismissed a bid to substitute a deceased plaintiff because the applicant had no grant of administration and the suit had already lapsed.
What this practically means
#Executive summary
#Key legal issues
#Locus standi to seek substitution of a deceased plaintiff
The Applicant lacked locus standi; the limited grant he relied on was issued for other succession causes and was not exhibited or applicable.
The court applied authorities holding that locus standi is cardinal and goes to jurisdiction. The Applicant's grant dated 16th May 2024 was limited to representation in two specified succession causes, not this suit, and was not even annexed to the supporting affidavit. A grant ad litem is purpose-specific and exhausted once its purpose is achieved; without a grant for prosecuting this case, the Applicant could not be heard.
Effect of abatement on an application for substitution
The suit abated more than a year after the deceased's death, and without an application to revive it, substitution could not be granted.
Order 24 Rule 3 provides that where no application to join the legal representative is made within one year of a plaintiff's death, the suit abates. Order 7 permits the legal representative to apply to revive an abated suit. The deceased died on 23rd November 2023 and the substitution application was filed on 4th February 2025, over a year later, with no revival application; hence there was no valid subsisting suit to which substitution could attach.
Legal principles established
#- A person who has not obtained/exhibited a grant of letters of administration for the relevant purpose has no locus standi to sue, be sued, or seek substitution of a deceased party.
- A limited grant ad litem is issued for a specific purpose and is exhausted once that purpose is achieved.
- Where no application is made within one year of a sole plaintiff's death, the suit abates, and substitution cannot be granted without revival of the abated suit.
Court orders
#- 1.The Applicant's Chamber Summons application dated 4th February 2025 seeking leave to substitute the deceased plaintiff is dismissed.
- 2.Costs awarded to the 1st Respondent.
- Jurisdiction invoked
- Original civil jurisdiction; Civil Procedure Rules (Order 24)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njenga (Suing on Behalf of the Estate of Harriet Karura alias Harriet Karura Ndungi) & another v Mwaura & 2 others (Environment and Land Case 127 of 2020) [2026] KEELC 109 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/109/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.