Malinga v National Government Constituencies Development Fund Board (Employment and Labour Relations Cause 1212 of 2016) [2025] KEELRC 1084 (KLR)
The bottom line
#A Kenyan court ruled that a mother can take over her deceased son's employment case, reviving a claim that had technically lapsed.
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 applicant, being a mother to the deceased claimant, can be substituted as a fit person to process the claim
Key legal issues
#Whether the deceased claimant's mother can be substituted to continue the claim
The court allowed reinstatement and substitution, holding that the claim survived the deceased and his mother is a fit person to continue it
The court examined the pleadings and found the prayers extended beyond matters of information to be supplied. The court has power to consider any part of the claim personal to the deceased. The claim survived the claimant's death and the mother is a fit person to take up the claimant's presentation.
Whether the court can determine the merits of the claim at this stage
No - the court declined to assess the merit of the claim at the substitution stage
At the reinstatement/substitution stage the court only determines whether the applicant is a fit person to continue the claim, not the merit or otherwise of the claim as submitted by the respondent.
Legal principles established
#- A claim that survives the death of a claimant may be taken up by a fit personal representative, and the court may reinstate and allow substitution of an abated suit
Court orders
#- 1.Reinstatement of the cause
- 2.Enlargement of time to allow for substitution of the deceased claimant
- 3.Substitution of the deceased claimant with Loise Museo Malinga to continue and prosecute the claim
- 4.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162 of the Constitution; Section 12 of the Employment and Labour Relations Act; Article 159(d) of the Constitution
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 will therefore allow based on the pleadings and submissions the reinstatement of this cause and allow substitution of the deceased claimant with Loise Museo Malinga, the applicant to continue and prosecute the claim.
Costs in the cause.
At this point this Court cannot go into the merit or otherwise of the claim as has been submitted by the respondent.
Issues in the judgment
#The notice of motion concerns reinstatement and substitution of a deceased claimant, but paragraphs 8-11 and much of the record (grounds of opposition, submissions) address a wholly different matter - a petition concerning the re-advertisement and recruitment of the Kenya Airports Authority Managing Director and conservatory orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Malinga v National Government Constituencies Development Fund Board (Employment and Labour Relations Cause 1212 of 2016) [2025] KEELRC 1084 (KLR)", Case Analysis (2025). Cause E065 of 2023 (Notice of Motion dated 2nd October 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1084/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.