Olima v Jaramogi Oginga Odinga University of Science and Technology (JOOUST) (Civil Appeal (Application) E228 of 2022) [2026] KECA 11 (KLR) (21 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 11
- Citation
- [2026] KECA 11 (KLR)
- Decided
- 21 January 2026
The application has merit and is hereby allowed. The appeal that abated by the operation of the law is hereby ordered revived. The applicant, Beatrice Atieno Wando shall substitute the deceased as the appellant in this appeal. There shall be no orders as to costs.
Facts
The deceased appellant, Prof. Washington H.A. Olima, died on 29th February 2024. His widow, Beatrice Atieno Wando, filed an application seeking to be granted leave and extension of time to substitute the deceased appellant out of time due to the death of her mother within the year of her husband's death.
Issues
- Whether the applicant established 'sufficient cause' for her failure to file the application for substitution within the period provided by the Rules of twelve months.
- Whether the applicant was prevented from filing the application for substitution due to the tragedies that befell her family during the material period.
Reasoning
The Court is persuaded that the applicant was prevented from filing the application for substitution due to the tragedies that befell her family during the material period.
Outcome
The appeal is revived and the applicant is substituted as the appellant.
Orders
- The appeal that abated by the operation of the law is hereby ordered revived.
- The applicant, Beatrice Atieno Wando shall substitute the deceased as the appellant in this appeal.
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