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ELCAllowedNot stated in the judgment· [2026] KEELC 1638 (KLR)

Imbogo v Imbogo & 3 others (Environment and Land Case E002 of 2024) [2026] KEELC 1638 (KLR)

Environment and Land Court
4 March 2026
ANA. NYUKURI
895 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that when a person suing over land dies, their estate's administrator can step in and continue the case.

What this practically means

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Executive summary

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This was a ruling on a Notice of motion dated 20th February 2025 in a suit originally filed by Christine Makokha Imbogo in 2018. The applicant, Soita Imbogo, sought an order substituting the deceased plaintiff with himself, plus costs in the cause. He deponed that the plaintiff, his mother, died in 2024, and he intended to prosecute the matter. The application was opposed by Chibeu Shamala Imbogo, who argued that there was no basis for substitution as the application raised no cause of action and the applicant was not a representative of the deceased's estate. In reply, the applicant explained that he inadvertently failed to attach the grant of letters of administration and subsequently annexed the death certificate and grant of representation. The court framed a single issue: whether the applicant deserved the orders sought. Relying on Order 24 Rules 1 to 4 of the Civil Procedure Rules, the court held that where a cause of action survives the death of a party, the court may order substitution by joining the personal representative of the estate. Since the deceased plaintiff died in 2024 before the suit was heard and determined, and the applicant had produced both the death certificate and grant of representation, the court was satisfied that the cause of action survived and the application was merited. The court allowed the application, substituted Soita Imbogo for the deceased plaintiff, and made no order as to costs.

Key legal issues

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01

Whether the applicant deserves the orders sought (substitution of the deceased plaintiff)

Holding

The application was allowed; the applicant, holding a grant of representation, was substituted for the deceased plaintiff.

Reasoning

The court held that Order 24 Rules 1 to 4 of the Civil Procedure Rules permit substitution where the cause of action survives the deceased party. The suit was filed by Christine Makokha Imbogo in 2018 and she died in 2024 before determination. The applicant produced the death certificate and grant of representation, satisfying the court that the cause of action survived and that he is the legal representative entitled to prosecute the suit.

p. 3

Legal principles established

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  • Where a cause of action survives the death of a party, the court may order substitution of the deceased party by joining the personal representative of the estate.

Court orders

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  1. 1.The application dated 20th February 2025 is allowed
  2. 2.The deceased plaintiff Christine Makokha Imbogo is substituted with the applicant Soita Imbogo
  3. 3.No order as to costs
Jurisdiction invoked
Order 24 Rules 1 to 4 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Imbogo v Imbogo & 3 others (Environment and Land Case E002 of 2024) [2026] KEELC 1638 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1638/eng@2026-03-04

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