Thomas Irungu Murai v Mercy Wanjiku Ngugi

Murai v Ngugi (Civil Appeal (Application) E960 of 2024) [2026] KECA 1111 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KECA 1111 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E960 OF 2024 S OLE KANTAI, JA JUNE 12, 2026 BETWEEN THOMAS IRUNGU MURAI .................................................................. APPLICANT AND MERCY WANJIKU NGUGI ............................................................... RESPONDENT (Being an application for substitution of the applicant against the Judgment of the High Court at Nairobi (M. Thande, J.) delivered on 23rd September, 2022 in H.C. Civil Case No. 33 of 2017 (O.S.).) RULING 1. It is prayed in the Motion dated 7th February, 2026 that the name of the appellant Thomas Irungu Murai be substituted with Naomi Wairimu Thondu (Naomi) because he died on 22nd August, 2025. It is said that a grant of letters of administration of his estate has been issued to the said Naomi in Miscellaneous Succession Cause No. E156 of 2025. Attached to the Motion is a Certificate of Death evidence of the death of the appellant and Limited Grant of Letters of Administration Ad–litem issued to Naomi on 19th December, 2025 by the Magistrates’ Court at Thika. 2. I have seen a letter dated 5th May, 2026 by M/s Ngugi Kamau Advocates for the respondent who say that they are not opposed to the application. 3. The deceased (appellant) died on 22nd August, 2025 and the appeal survives him. Naomi is entitled to succeed him as the appellant in the appeal. I allow the Motion. Naomi Wairimu Thondu will henceforth be the appellant in the appeal. Costs of the Motion will be in the appeal. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF JUNE, 2026 S. OLE KANTAI …………… https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1111/eng@2026-06-12 1

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