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ELCPartially AllowedELCLA NO. E018 OF 2023· [2026] KEELC 4339 (KLR)
Mwema v Njuguna & another (Land Case Appeal E018 of 2023) [2026] KEELC 4339 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court struck a deceased respondent from land proceedings because no next of kin could be traced and continuing against them was impossible.
What this practically means
#Executive summary
#This is a ruling by Lucy N. Mbugua, Judge, in Environment and Land Court Appeal No. E018 of 2023 at Nanyuki, delivered on 8 July 2026 via Microsoft Teams. The appellant filed a notice of motion dated 7 April 2026 seeking that the 2nd respondent be struck out from the proceedings and that costs be in the cause. The appellant deponed that the 2nd respondent had been joined to the trial court proceedings by the 1st respondent through an application dated 25 August 2021; that the 2nd respondent had since died; that efforts to trace next of kin were futile; and that the counsel who previously acted for that party had no instructions. Directions issued on 12 May 2026 required the respondents to file responses by 26 May 2026, but they did not comply, and the court declined to consider responses filed in breach of the directions. The court observed that the death of the 2nd respondent had been brought to its attention as early as 26 January 2026, and held that continuation of the proceedings against that party was untenable. It found the application merited and allowed it, striking out the 2nd respondent but making no orders as to costs. Counsel appearing were Onaya Ombere for the appellant and M/s Wangu for the 1st respondent, with Nancy Mwangi as court assistant.
Key legal issues
#01
Whether a deceased 2nd respondent should be struck out of an appeal before the Environment and Land Court
Holding
The application to strike out the deceased 2nd respondent was merited and was allowed
Reasoning
The court noted that the death of the 2nd respondent had been brought to the court's attention on 26.1.2026, that efforts to trace next of kin had been futile, and that the counsel who acted for the party had no instructions. Against that background, continuing proceedings against the deceased party was untenable. The application dated 7.4.2026 was therefore allowed.
p. 2
Legal principles established
#- Proceedings cannot continue against a party who has passed on where their next of kin cannot be traced and their former counsel has no instructions
Court orders
#- 1.The name of the 2nd respondent struck out from the proceedings
- 2.No orders as to costs
- On appeal from
- null
- null
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court (appeal instituted as ELCLA No. E018 of 2023); no specific provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwema v Njuguna & another (Land Case Appeal E018 of 2023) [2026] KEELC 4339 (KLR)", Case Analysis (2026). ELCLA NO. E018 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4339/eng@2026-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.