Rinkanya v M'Rinkanya (Civil Appeal (Application) 286 of 2019) [2025] KECA 2116 (KLR) (28 November 2025) (Ruling) Neutral citation: [2025] KECA 2116 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CIVIL APPEAL (APPLICATION) 286 OF 2019 S OLE KANTAI, JA NOVEMBER 28, 2025 BETWEEN GIKUNDA RINKANYA .......................................................................... APPLICANT AND JAPHET KIRIMI M'RINKANYA ...................................................... RESPONDENT (An application to amend the Memorandum of Appeal against the Judgment and Decree of the High Court at Meru (F. Gikonyo, J.) delivered on 16{{^th}} May, 2019 in H.C. Succ. Cause No. 182 of 1994.) RULING 1. In a Motion dated 2nd May, 2024 Gikunda Rinkanya, as applicant applied that the Court be pleased to allow Japhet Kirimi M’Rinkanya as a respondent in Civil Appeal No. 286 of 2019 “…as the legal representative of the estate of the late Gladys Kathuni M’Rinkanya (deceased).” That application was heard by my learned sister W. Karanja, JA. who in a ruling delivered on 14th February, 2025 found it unmerited and dismissed it for reasons contained in the ruling. The same applicant Gikunda Rinkanya is before me in a Motion dated 20th June, 2025 praying in the main: 2. That this Honourable Court be pleased to grant the applicants leave to amend his memorandum of appeal to reflect the true respondent Japhet Kirimi M'rinkanya having been instituted to represent his late mother Gladys Kathuni and file his supplementary record of appeal. 3· That this Honourable Court be pleased to grant the applicant’s leave to file a supplementary Record of Appeal. https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2116/eng@2025-11-28 1
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4. 2. That the amended record of appeal and supplementary record of appeal attached herein be deemed as duly filed and served upon payment of requisite court fees...” I consider that what the applicant is asking me to do is exactly what he asked for in the application which was dismissed. If the applicant was dissatisfied with the outcome of that ruling there is a procedure for dealing with such dissatisfaction. It is not open to him to come back to Court praying for similar orders. The Motion before me is an abuse of the process of the Court and the same is hereby struck out with no order on costs. DATED AND DELIVERED AT NYERI THIS 28TH DAY OF NOVEMBER, 2025. S. ole KANTAI ................................... 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/2025/2116/eng@2025-11-28 2
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