Mafumbula & 17 others v Attorney General (Civil Application E245 of 2021) [2026] KECA 189 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 189
- Citation
- [2026] KECA 189 (KLR)
- Decided
- 30 January 2026
The application for substitution of the deceased appellant is allowed, and the late Moses Mafumbula shall be substituted with Ridah Nasike Sirael as the 1st appellant.
Facts
The 1st appellant, Moses Mafumbula, died on 3rd August, 2024, and his estate was represented by his administrators, Ridah Nasike Sirael and Sarah Mutiembu. The 1st appellant had contested the outcome of a Bungoma High Court Petition and had lodged an appeal. However, the one-year statutory period for substitution of the deceased appellant lapsed, and the suit abated.
Issues
- Whether the application for substitution of the deceased appellant should be allowed
- Whether the appeal should be revived
Reasoning
The Court held that the rules of natural justice and fair play require that the estate of a deceased party be heard through the estate's legal representative before a decision can be rendered. The applicants demonstrated their legal status in relation to the estate of the deceased.
Outcome
The application for substitution of the deceased appellant is allowed.
Orders
- The late Moses Mafumbula shall be substituted with Ridah Nasike Sirael as the 1st appellant
Remedies
- Substitution of the deceased appellant with his legal representatives
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Appellate Jurisdiction Act
Cases cited (1)
- Njoroge & Another v Kamau (Deceased) & Another (Civil Appeal (Application) E051 of 2019) [2024] KECA 806 (KLR)
Loading judgment…