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ELRCAllowedNot stated in the extract· [2019] KEELRC 1207 (KLR)

Naftary Karume Gicheru (Deceased) & another v Board of Management Gatondo Girls Secondary School [2019] KEELRC 1207 (KLR)

Employment and Labour Relations Court
12 July 2019
NMNzioki wa Makau
167 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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When a Kenyan employment claimant dies mid-suit, a widow can take over the case because contract claims survive death under the Law Reform Act.

What this practically means

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Executive summary

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This is a short ruling by Nzioki wa Makau, Judge, delivered at Nyeri on 12 July 2019 in an employment dispute originally brought by a claimant against his erstwhile employer. The claimant died during the pendency of the suit, and his widow applied to be substituted in his place, having taken out letters of administration ad colligenda bona in respect of his estate. The court addressed two questions: whether the cause of action survived the claimant's death, and whether substitution should be granted. Relying on the Law Reform Act, the court held that the cause of action founded on breach of contract survived the demise, meaning the suit did not automatically abate. Consequently, the widow's motion was found merited and granted, with the costs of the motion ordered to be costs in the cause. The court further directed that, following delivery of the ruling, directions would be taken for the purposes of procuring the conclusion of the suit. The ruling is interlocutory in nature: it does not determine the merits of the underlying employment claim, which remains to be prosecuted by the substituted claimant.

Key legal issues

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01

Survival of the cause of action upon the claimant's death

Holding

The contractual claim survived the claimant's death under the Law Reform Act and the suit did not abate.

Reasoning

The court applied the Law Reform Act, under which causes of action in contract survive death. Because the deceased's claim for breach of contract against his former employer survived, the suit did not automatically abate upon his demise, paving the way for substitution of his personal representative.

p. 2
02

Substitution of the deceased claimant

Holding

The widow, holding letters of administration ad colligenda bona, was granted substitution.

Reasoning

Having established that the cause survived, the court found the widow's motion merited. She had taken out letters of administration ad colligenda bona over the estate, qualifying her to be joined in place of the deceased, and directions were to be taken to conclude the suit.

p. 2

Legal principles established

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  • A cause of action in contract survives the death of a claimant under the Law Reform Act, so the suit does not automatically abate on the claimant's demise.

Court orders

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  1. 1.The widow's motion for substitution in place of the deceased Claimant is granted
  2. 2.Costs of the motion to be costs in the cause
  3. 3.Directions to be taken for procuring the conclusion of the suit

Authorities

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Legislation

  • Law Reform ActNot specified
Jurisdiction invoked
Not stated in the extract

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, "Naftary Karume Gicheru (Deceased) & another v Board of Management Gatondo Girls Secondary School [2019] KEELRC 1207 (KLR)", Case Analysis (2019). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1207/eng@2019-07-12

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