Naftary Karume Gicheru (Deceased) & another v Board of Management Gatondo Girls Secondary School [2019] KEELRC 1207 (KLR)

REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA AT NYERI CAUSE NO. 85 OF 2017 NAFTARY KARUME GICHERU (DECEASED)......................CLAIMANT MARY NJOKI MUU....................................................................APPLICANT VERSUS THE BOARD OF MANAGEMENT GATONDO GIRLS SECONDARY SCHOOL......................RESPONDENT RULING 1. The widow of the Claimant seeks to be substituted in place of the Claimant (now deceased). She has taken out letters of administration ad colligenda bona in respect of the estate of the deceased. The deceased was seeking recompense from the Respondent his erstwhile employer. On the substantive law which is the Law Reform Act, the cause of action in relation to the breach of contract asserted in the claim survives and therefore the suit did not automatically abate on the demise of the Claimant. 2. In the premises her motion to be substituted in place of her deceased husband is merited and her motion is granted with costs being costs in the cause. After the delivery of this Ruling directions will be taken for the purposes of procuring the conclusion of the suit. It is so ordered. Dated and delivered at Nyeri this 12th day of July 2019 Nzioki wa Makau JUDGE I certify that this is a true copy of the Original Deputy Registrar