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ELCDismissedELC Case No. 176 of 2017· [2026] KEELC 5461 (KLR)

Rodah Cheptonui Langat v Rev. Aggrey Watindi, Logos Ministries Revival & Principedom Education Centre

Environment and Land Court
17 September 2026
3,612 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~14 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that a concluded land case cannot 'die' when a party passes away, dismissing an attempt to undo an eviction.

What this practically means

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Executive summary

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The 1st to 3rd Defendants filed a Notice of Motion dated 03.02.2026 seeking, among other things, a declaration that the plaintiff's suit had abated for failure to substitute the original plaintiff within one year of her death, setting aside of the substitution orders of 20.04.2023, stay and setting aside of the eviction orders of 20.12.2024, restoration of the status quo ante, and costs borne by the respondent's estate. The original plaintiff died on 10.12.2020, after judgment had been pronounced on 29.05.2019. Joan Chepkorir was substituted as plaintiff on 20.04.2023 following an application filed on 16.06.2022, and eviction orders over LR No. Eldoret Municipality Block 12/288 were issued on 20.12.2024. The applicants argued the suit abated on 10.12.2021, that the substitution was irregular, and that the substituted party was a stranger enforcing a decree over a different property. The respondent countered that the applicants never sought review or appeal of the substitution ruling, that the court would be sitting on appeal over its own ruling, and that execution was complete, rendering the court functus officio. The court held that Order 24 of the Civil Procedure Rules applies only to proceedings pending at the time of death; a suit already determined on merit cannot abate. Following Dhulla Harichand, it held execution proceedings do not abate on the death of a decree-holder and the substitution was lawful. No Order 45 Rule 1(b) review grounds were pleaded. Since the eviction orders had been executed, there was nothing to stay or set aside. The application was dismissed with costs to the respondent, payable by the applicants jointly and severally.

Key legal issues

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01

Whether the suit abated on the death of the original plaintiff

Holding

The suit did not abate because judgment had been pronounced on 29.05.2019, before the plaintiff's death on 10.12.2020; Order 24 governs only pending proceedings

Reasoning

The court held Order 24 is anchored on proceedings still ongoing at the time of death. Since judgment was delivered on 29.05.2019 and the plaintiff died on 10.12.2020, the dispute had been concluded on merit. A concluded suit leaves nothing for the court to determine, so the one-year abatement rule under Order 24 Rule 3(2) had no application.

02

Whether the court had jurisdiction to entertain the substitution application of 16.06.2022

Holding

Yes - the court had jurisdiction to substitute the deceased decree-holder's representative for purposes of executing the decree of 29.05.2019

Reasoning

Relying on Dhulla Harichand v Gulam Mohu-udin, the court held that execution proceedings do not abate on the death of a decree-holder and that applications to substitute a deceased decree-holder's representative are routinely treated as applications for continuation of pending execution proceedings. The judgment and decree survived the plaintiff's demise.

p. 13
03

Whether there were grounds to review or set aside the substitution ruling of 20.04.2023

Holding

No - the applicants pleaded no grounds under Order 45 Rule 1(b) and the substitution was lawful

Reasoning

The only grounds advanced were abatement and lack of jurisdiction, both rejected. The applicants did not plead discovery of new facts, error apparent on the face of the record, or any other sufficient reason under Order 45 Rule 1(b). Amendment of pleadings in a concluded suit was unnecessary and could not alter the judgment of 29.05.2019.

p. 14
04

Whether the orders of 20.12.2024 should be stayed or set aside

Holding

No - the eviction orders had already been executed, leaving nothing to stay or set aside

Reasoning

The applicants' own application admitted that Joan Chepkorir had forcefully taken possession of the property on the strength of the orders of 20.12.2024, and the respondent confirmed this. Having been fully implemented, the orders could not be stayed or set aside.

p. 16

Legal principles established

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  • Order 24 of the Civil Procedure Rules applies only to proceedings pending at the time of a party's death; a suit already determined on merit and reduced to judgment cannot abate
  • Execution proceedings do not abate on the death of a decree-holder; substitution of a deceased decree-holder's representative is permissible during execution

Court orders

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  1. 1.The Notice of Motion application dated 03.02.2026 is not merited and is dismissed
  2. 2.The 1st to 3rd Applicants to pay costs of the application to the Respondent jointly and/or severally

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 24 Rule 1
  • Civil Procedure Rules, 2010Order 24 Rule 3(2)
  • Civil Procedure Rules, 2010Order 24 Rule 7(1) and (2)
  • Civil Procedure Rules, 2010Order 45 Rule 1(b)
  • Civil Procedure Actoverriding objective (as referenced)

Cases cited (2)

  • DHULLA HARICHAND-VERSUS- GULAM MOHU-UDIN & AZIZ DIN S/O GULAM MOHU-UDIN
    (1940) KLR Vol XIX at page 6

    Execution proceedings do not abate on the death of a decree-holder; substitution of the deceased's representative is permissible

  • MUENI KIAMBA- VERSUS- MBITHI KIMEU KIMOLO
    (2017) eKLR

    It is not mandatory to substitute a deceased decree-holder at execution stage; matters at execution should proceed without substitution

Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court over its own proceedings; Civil Procedure Rules, 2010 (Orders 24 and 45)

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, "Rodah Cheptonui Langat v Rev. Aggrey Watindi, Logos Ministries Revival & Principedom Education Centre", Case Analysis (2026). ELC Case No. 176 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5461/eng@2026-09-17

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