Kemei (Suing as an Administrator of the Estate of Tabutany Chepkemoi Koros - Deceased) & 2 others v Sige (Environment and Land Case 55 of 2019) [2026] KEELC 1022 (KLR)
The bottom line
#The Kericho Environment and Land Court revived a land suit delayed by a plaintiff's death, because the family only learned of the case years later and acted quickly.
What this practically means
#Executive summary
#Key legal issues
#Whether the Proposed Applicants demonstrated sufficient cause for the delay in substituting the deceased plaintiff and reviving the abated suit
Yes - the explanation of ignorance of the suit, discovered only in 2024 through the Chief and the advocates' firm, constituted sufficient cause; delay in filing after obtaining the grant was excused in the interest of justice
The court traced Order 24 Rule 3 and Rule 7(2), noted the suit abated on 28th June 2021, and applied Rebecca Mijide Mungole on the sequence of extension, joinder and revival. The Proposed Applicants explained they learned of the suit only in 2024 when seeking a grant ad litem, promptly obtained the limited grant, and pursued the claim over ancestral land. The Respondent demonstrated no prejudice. The court exercised its discretion in favour of revival.
Whether the grant of Letters of Administration Ad Litem obtained in respect of the estate of Tabutany Chepkemoi Koros (rather than the estate of the deceased applicant) was fatal
No - the deceased applicant had sued as administrator of Tabutany Chepkemoi Koros's estate, so substitution by new administrators of that estate was proper
The Respondent argued the Proposed Applicants lacked capacity because their grant ad litem related to the grandmother's estate, not the deceased plaintiff's estate. The court reasoned that James Kipsiele Kemei was not suing in his own capacity but as administrator of the estate of Tabutany Chepkemoi Koros; accordingly, administrators of that same estate were the correct persons to replace him.
When the suit abated relative to its dismissal
The suit abated on 28th June 2021, one year after the plaintiff's death, which was before its dismissal on 2nd June 2022 under Order 17 Rule 2(5)
The certificate of death showed the plaintiff died on 28th June 2020. Under Order 24 Rule 3(2), a suit abates if no application for joinder of the legal representative is made within one year. The court therefore computed abatement as occurring on 28th June 2021, predating the dismissal of 2nd June 2022.
Legal principles established
#- Where a sole plaintiff dies and no application for joinder of a legal representative is made within one year, the suit abates; revival requires extension of time and proof of sufficient cause
- Sufficient cause must be rational, plausible, logical, convincing, reasonable and truthful, leaving no unexplained gaps
Court orders
#- 1.Time within which to substitute the deceased Applicant is enlarged
- 2.Joel Kipkorir Siele and Nicolas Kipkorir Kurgat are substituted in this suit in place of James Kipsiele Kemei (deceased)
- 3.The suit against the Defendant is revived
- 4.Costs of the application shall be in the cause
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (not expressly stated in the ruling); application brought under Order 24 Rules 3 & 7(2) and Order 50 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemei (Suing as an Administrator of the Estate of Tabutany Chepkemoi Koros - Deceased) & 2 others v Sige (Environment and Land Case 55 of 2019) [2026] KEELC 1022 (KLR)", Case Analysis (2026). Kericho ELC Originating Summons dated 28th November, 2019 (ruling on Notice of Motion dated 20th January, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1022/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.