Gekara v Gekara & 3 others (Environment and Land Case 97 of 2021) [2026] KEELC 1778 (KLR)
The bottom line
#The Environment and Land Court struck out a family land suit because the son never obtained a grant of representation, and two other suits died when the plaintiffs died without substitution.
What this practically means
#Executive summary
#Key legal issues
#Whether David Arita Gekara had locus standi to file suit on behalf of the estate of Monicah Sigara Gekara (deceased)
He did not; he had no grant of representation at the time of filing and the suit is struck out.
The Court found that a cause of action vested in a deceased person's estate can only be agitated by the personal representative. The plaintiff neither attached a grant of representation to his list of documents nor produced one at trial. Citing Trouistik Union International v Jane Mbeyu and Rugiri v Kinuthia, the Court held that a suit filed relating to a deceased's estate without a grant is null and void for want of locus standi, and struck out the suit.
Whether Kisii ELCC No. 58 of 2015 and Kisii ELCC No. 59 of 2015 abated
Both suits abated: the first on 15th August 2018 and the second on 20th June 2022, and no application for revival was filed.
Under Order 24 rule 3 of the Civil Procedure Rules, a suit abates where a sole or surviving plaintiff dies and the cause of action survives, but no application for substitution is made within one year. Josephine Kwamboka Gekara died on 15th August 2017 and was never substituted; Nahashon Gekara Okero died on 20th June 2021 and his substitution was set aside on 25th May 2022. No revival application under Order 24 rule 7(2) was filed, so the files remain closed.
Whether the reliefs sought are available
No reliefs can issue from non-existent suits.
Having found that the first suit was struck out for want of locus standi and the remaining two suits abated, the Court held that the question of whether the reliefs sought were available was academic, as no relief could issue from suits that no longer existed before the Court.
Legal principles established
#- A cause of action vested in or against the estate of a deceased person can only be validly agitated by or against the personal representative of the estate.
- A suit filed relating to a deceased's estate without a grant of representation is null and void for want of locus standi.
- A suit abates where a deceased plaintiff is not substituted within one year of death, per Order 24 rule 3 of the Civil Procedure Rules.
Court orders
#- 1.Kisii HCCC No. 377 of 2012 (later Kisii ELCC No. 1143 of 2016) is struck out for want of locus standi on the part of David Arita Gekara
- 2.Kisii ELCC No. 58 of 2015 and Kisii ELCC No. 59 of 2015 abated; the two files shall remain closed
- 3.No order as to costs, considering the outcome and the relationship between the parties
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court) - original jurisdiction over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gekara v Gekara & 3 others (Environment and Land Case 97 of 2021) [2026] KEELC 1778 (KLR)", Case Analysis (2026). Nyamira ELCC No. 97 of 2021 (consolidating Kisii HCCC No. 377 of 2012, Kisii ELCC No. 1143 of 2016, Kisii ELCC No. 58 of 2015 and Kisii ELCC No. 59 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1778/eng@2026-03-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.