Muthoni & another (Suing as the administrator of the Estate of Peter Njenga Kinyara) v Wanjiru & another (Environment and Land Miscellaneous Case E033 of 2022) [2026] KEELC 4090 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for substitution of the deceased administrators is merited
- 2.Whether the Court should review the description of the deceased's name from 'Peter Njenga Kinyanjui' to 'Peter Njenga Kinyara' in the pleadings and decree
- 3.Whether the Court should review the Decree dated 8th March 2024 by substituting the Officer Commanding Kabete Police Station with the Officer Commanding Spring Valley Police Station
Key legal issues
#Substitution of deceased administrators and revival of an abated suit
The prayer for substitution was merited; the application was filed two days before abatement and the Respondents showed no prejudice from revival of a suit that had concluded with only execution of the decree remaining
The court found the suit abated on 6th December 2025, one year after the death of David Karanja Njenga, just two days after the application was filed. Relying on Order 24 Rule 7(2), the court held that in the interest of justice, and since the Respondents had agreed to vacate the suit property but refused to move and had demonstrated no prejudice, substitution should be allowed to enable execution of the decree.
Correction of the deceased's name from 'Peter Njenga Kinyanjui' to 'Peter Njenga Kinyara'
The correction is a clerical error curable under Section 99 of the Civil Procedure Act and Order 45; the Respondents were not candid since the Mediation Settlement Agreement of 18th April 2023 referred to the deceased as Peter Njenga Kinyara
The court held the misdescription was Counsel's typographical mistake permeating the record and decree, did not alter the subject matter of the dispute, and that the Respondents themselves had post-judgment accepted the correct name in the mediation agreement. Section 99 permits correction of clerical mistakes at any time, and the court's residual jurisdiction supported the amendment in the interest of justice.
Review of the decree to replace the OCS Kabete Police Station with the OCS Spring Valley Police Station
Allowed, as the suit property now falls within Spring Valley Police Station's jurisdiction and the change is necessary for effective execution without altering substantive rights
The court accepted that Kabete Police Station no longer had jurisdiction over the suit property, Dagoretti/Kangemi/81, and that substituting the police station would merely align the decree for enforcement. The change did not amend the subject matter of the dispute or affect the parties' substantive rights, and was just and equitable under the court's intrinsic authority.
Legal principles established
#- A suit abates by operation of law one year after the death of a party, but an abated suit may be revived where the applicant was prevented by sufficient cause from continuing the suit
- Section 99 of the Civil Procedure Act empowers the court to correct clerical or arithmetical mistakes in judgments, decrees or orders at any time
- The court retains residual/inherent authority, in the interest of justice, to correct its decree even absent a specific statutory remedy
Court orders
#- 1.The deceased administrators, David Karanja Njenga and James Njenga Kinyanjui, to be substituted with Salome Muthoni and Stephen Gitau Njenga, the duly appointed administrators of the Estate of Peter Njenga Kinyanjui pursuant to the Grant confirmed on 1st April 2025
- 2.The Applicant's name in the caption and throughout the record, including the amended decree of 8th March 2024, to correctly read 'Suing as the Administrator of the Estate of Peter Njenga Kinyara'
- 3.The order and amended decree issued on 8th March 2024 to be reviewed to replace 'Officer Commanding Kabete Police Station' with 'Officer Commanding Spring Valley Police Station'
- 4.Execution and satisfaction of the decree as amended
- 5.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 80 and 99 of the Civil Procedure Act and Order 45 and Order 24 of the Civil Procedure Rules; the Court's inherent/residual jurisdiction
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find the instant Notice of Motion application merited and will allow it.
In the circumstances, I find that the Applicants are entitled to the Orders sought to enable them proceed to execute the amended Decree.
I find the prayer for substitution of the deceased administrators merited and will allow it.
Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties.
Costs will be in the cause.
Issues in the judgment
#The prayer seeking correction refers to the deceased as 'Peter Njenga Kinyara' while the substitution prayer refers to administrators of the 'Estate of Peter Njenga Kinyanjui'; the Respondents contend these are two different persons, and the judgment does not expressly resolve whether they are the same individual
Inconsistency in dates of death: the Respondents' submissions state the deceased administrators 'died in 2022 and 2024 respectively' while the court's analysis states 'died on 2nd April 2024 and September 2022 respectively' - the order of the two deaths is reversed between the two passages
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthoni & another (Suing as the administrator of the Estate of Peter Njenga Kinyara) v Wanjiru & another (Environment and Land Miscellaneous Case E033 of 2022) [2026] KEELC 4090 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4090/eng@2026-07-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.