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ELCAllowedNot stated in the judgment (application dated 13th November 2025)· [2026] KEELC 3005 (KLR)

Wanyama v Khayoko & another (Environment and Land Case 63 of 2019) [2026] KEELC 3005 (KLR)

Environment and Land Court
20 May 2026
LWL. N. Waithaka
474 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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When someone with a court decree dies, their family can step in and enforce it through a limited grant ad litem.

What this practically means

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Executive summary

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This is an unopposed Notice of Motion dated 13th November 2025 in which Marygrace Ojiro Wanyama sought to be substituted for the original applicant, Raphael Beda Wanyama, who died on 16th September 2023 during the pendency of the suit, after a judgment and decree had already been issued in his favour but before the decree was executed. The purpose of the substitution was to enable the applicant to execute the decree on behalf of the deceased's estate. The applicant had obtained a limited grant of letters administration ad litem in respect of the deceased's estate, permitting her to file and prosecute proceedings, which the court read as encompassing the pursuit of pending execution proceedings. Relying on Order 24 Rule 10 of the Civil Procedure Rules and the decision in Rutto v Kugu; Keter (Applicant) (ELC 123 of 2012, KEELC 4044 (KLR)), in which it was held that a decree does not abate upon the death of a decree holder and that execution is subject only to the law of limitation, the court found that the applicant had made out a case for the orders sought. L. N. Waithaka J granted the substitution as sought in the motion dated 13th November 2025. The application was unopposed, and no costs order was recorded in the ruling.

Key legal issues

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01

Substitution of a deceased decree holder's legal representative for execution purposes under Order 24 Rule 10

Holding

The applicant, holder of a limited grant ad litem, was entitled to be substituted for the deceased original applicant to pursue execution of the decree

Reasoning

The original applicant obtained judgment and a decree but died on 16th September 2023 before executing it. Order 24 Rule 10 governs the procedure where a party dies after a decree is made and being executed; the decree does not abate. The applicant had obtained a limited grant of letters administration ad litem, satisfying the court that she could pursue the pending execution proceedings.

p. 2

Legal principles established

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  • A decree does not abate upon the death of a decree holder or judgment debtor; the deceased's legal representative may be substituted to execute it, subject only to limitation of actions

Court orders

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  1. 1.The applicant, Marygrace Ojiro Wanyama, is substituted in place of the original applicant, Raphael Beda Wanyama (deceased), for purposes of execution of the decree

Authorities

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Legislation

  • Civil Procedure RulesOrder 24 Rule 10

Cases cited (1)

  • Rutto v Kugu; Keter (Applicant)
    (Environment & Land Case 123 of 2012) (2024) KEELC 4044 (KLR) (20 May 2024) (Ruling)
Jurisdiction invoked
Order 24 Rule 10 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, "Wanyama v Khayoko & another (Environment and Land Case 63 of 2019) [2026] KEELC 3005 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 13th November 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3005/eng@2026-05-20

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