Nyakangi Nyamache v Wilfred Moriasi Ombui & 1 other

Nyamache v Ombui & another (Civil Appeal (Application) E267 of 2022) [2025] KECA 1684 (KLR) (21 October 2025) (Ruling) Neutral citation: [2025] KECA 1684 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL (APPLICATION) E267 OF 2022 LK KIMARU, JA OCTOBER 21, 2025 BETWEEN NYAKANGI NYAMACHE ...................................................................... APPLICANT AND WILFRED MORIASI OMBUI ...................................................... 1ST RESPONDENT JOSEPH BITOYO NYAKANGI .................................................... 2ND RESPONDENT (Being an application for substitution of the deceased appellant from the Judgment of the Environment and Land Court of Kenya at Nyamira (Mugo, J) Dated 20th July, 2022 in ELC No. 104 of 2021) RULING 1. 2. Rule 102 of the Court of Appeal Rules provides thus: “ (1) An appeal shall not abate on the death of the appellant or respondent but the court shall, on application of any interested person, cause the legal representative of the deceased person to be made a party in place of the deceased. (2) If no application is made under sub-rule (1) within twelve months from the date of death of the appellant or respondent, the appeal shall abate.” In the present application, Joseph Bitoyo Nyakangi, the applicant states that Nyakangi Nyamecha, (deceased) the appellant herein died on 26th January, 2024. The applicant obtained a grant of letters of administration ad litem on 24th August, 2024 which granted him permission to take over the prosecution of the appeal on behalf of the estate of the deceased applicant. He filed the present application on 7th November, 2024, seeking to be allowed to substitute the deceased as the appellant https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1684/eng@2025-10-21 1

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