Ngatu & another (Administrators of the Estate of Gicheru Mbatia (Deceased)) v Mbatia & another; Mwaura (Appellant) (Civil Appeal (Application) E607 of 2024) [2026] KECA 476 (KLR)

3. The motion is opposed by one of the appellants, Peter Mbatia Gicheru, by his replying affidavit sworn on 27th October 2025. He terms the applicant as a complete stranger in these proceedings, with no nexus, interest or beneficial claim in respect of the Estate of Gicheru Mbatia (deceased) or in the subject matter of this appeal. 4. Peter Mbatia Gicheru depones that rule 102 of the Court of Appeal Rules, provides that substitution of a deceased party may only be effected by a person who is the legal representative of the deceased as recognised under section 2 of the Civil Procedure Act; being one who holds a valid and subsisting grant of representation under the Law of Succession Act. 5. He points out that the applicant was issued with a limited grant of letters of administration ad litem in Milimani HCFP&A No. E522 of 2024: In the Estate of Mbatia Joseph Kibiru. He adds that the grant was restricted to defending the suit then pending before the High Court and was limited in duration to ninety (90) days, from the date of issuance, which period had since lapsed and the applicant had neither applied nor obtained a full grant of letters of administration intestate. 6. Peter Mbatia Gicheru asserts that the applicant lacks the requisite locus standi to institute, maintain or be substituted in the present appeal proceedings. 7. The application is brought under rule 102(1) of the Court of Appeal Rules which provides that: 1. An appeal shall not abate on the death of the appellant or respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased person to be made a party in place of the deceased. 8. The appellants’ opposition to the application is based on the assertion that the grant of letters of administration issued to the applicant was limited to defending the suit at the High Court and further that the limited grant was to lapse after 90 days. 9. I have had occasion to peruse the terms of the limited grant of letters of administration issued to the applicant on 10th July 2024, and the orders therein bear reproduction: a. That the application is allowed, limited letters of administration granted to the applicant to defend the suit only. b. That the applicant should apply for full grant within 90 days from the date herein. 10. To my mind, the suit referred to in order (a) above would include an appeal or other proceedings, which may be construed as an offshoot of the matter before the High Court. 11. Secondly, the 90 days contained in order (b) was the period within which the applicant was directed to apply for a full grant of letters of administration. There is nothing in that order to suggest that the limited grant would lapse after 90 days. 12. That said, the appellants’ assertion that the applicant is a stranger in these proceedings is without basis and is rejected. 13. The application is consequently allowed and the 1st respondent, Joseph Kibiru Mbatia (deceased) is substituted with the applicant, Alice Wanjiku Mwaura. 14. The costs of the application will be in the appeal. DATED AND DELIVERED AT NAIROBI THIS 6TH DAY OF MARCH, 2026. L.M. NDOLO https://new.kenyalaw.org/akn/ke/judgment/keca/2026/476/eng@2026-03-06 2

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.……………………………….. 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/2026/476/eng@2026-03-06 3

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