Wanjohi (Suing as Personal Representative of Stanley Wanjohi Mathenge) v Wahome & 4 others (Civil Application E066 of 2025) [2025] KECA 1431 (KLR) (1 August 2025) (Ruling) Neutral citation: [2025] KECA 1431 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CIVIL APPLICATION E066 OF 2025 W KARANJA, JA AUGUST 1, 2025 BETWEEN IRENE WANGARI WANJOHI (SUING AS PERSONAL REPRESENTATIVE OF STANLEY WANJOHI MATHENGE) ..................................................... APPLICANT AND FG WAHOME ................................................................................. 1ST RESPONDENT JW MUNUHE ................................................................................ 2ND RESPONDENT PH GITONGA ................................................................................ 3RD RESPONDENT JM MUMU ...................................................................................... 4TH RESPONDENT FN KAROBIA ................................................................................ 5TH RESPONDENT (Being an application for leave of the Court to file the record of appeal out of time against the Judgment of the High Court at Nyeri (J.O. Olola, J.) dated 9th May 2024 in Nyeri ELC Case No. E450 of 2014) RULING 1. The applicant in the Notice of motion before me is Irene Wangari Wanjohi, who indicates that she is suing as a personal representative of Stanley Wanjohi Mathenge. She seeks leave to appeal out of time against the Ruling dated 9th May 2024 made by Olola, J. 2. I have gone through the proceedings before me. I note that the proceedings before the trial court, including the said ruling were in the name of Stanley Wanjohi Mathenge as the plaintiff/applicant. I have not seen any application for substitution of the plaintiff, who is said to be deceased. In absence of evidence of substitution of the plaintiff in the said court with the applicant herein, the court is unable to proceed with the application as the applicant lacks the requisite locus standi to file the intended appeal and present application. https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1431/eng@2025-08-01 1
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3. Accordingly, the application is adjourned. The applicant to avail evidence to show that she has been substituted as a party herein in place of the late Stanley Wanjohi Mathenge. 4. Today’s costs be in the application. DATED AND DELIVERED AT NYERI THIS 1ST DAY OF AUGUST 2025. W. KARANJA .................................. JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1431/eng@2025-08-01 2
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