[1] The Chamber Summons dated 30th March 2026 was filed by Joyce Chelagat Chemai (the applicant) pursuant to Section 47 of the Law of Succession Act, Rules 49, 59 and 73 of the Probate and Administration Rules and all enabling provisions of the law for orders that:
[a] The late James Agalomba Lugohe (deceased) be substituted by Joyce Chelagat Chemai, his widow and the holder of a Limited Grant of Letters of Administration Ad Litem issued in Kapsabet High Court Ad Litem No. E025 of 2025.
[b] The said Joyce Chelagat Chemai be allowed to continue with these proceedings in place of the deceased respondent for purposes of prosecuting and/or defending the matter herein.
[c] Costs of this application be in the cause.
[2] The application was supported by the annexed affidavit of Joyce Chelagat Chemai and the grounds that the respondent herein, James Agalomba Lugohe, is now deceased and the proceedings herein are still pending and therefore the estate of the deceased respondent requires representation for the proper and effective determination of the issues in dispute. The applicant further averred that, being the widow of the deceased, she has applied for and been issued with Limited Grant of Letters of Administration Ad Litem authorizing her to act as the legal representative of the deceased respondent herein.
[3] The applicant attached to her affidavit a copy of the Grant of Letters of Administration Ad Litem issued to her on 19th February 2026. She therefore averred that it is only just, fair and in the interest of justice that the substitution sought be allowed to enable continuation of the proceedings without abatement. She added that no prejudice will be suffered by any party if the orders sought are granted.
[4] The respondent, Caroline Lilian Jelimo, opposed the application vide her Replying Affidavit sworn on 13th May 2026. She accused the applicant of being mean with information in not disclosing that they have a myriad of cases pending before courts in respect of the property known as land parcel L.R. NANDI/KAPKANGANI/441. She listed the cases and provided a brief history of each case and its current status. She also attached previous court decisions made in the various cases. Ultimately, she stated at paragraph 22, 23 and 24 of her Replying Affidavit that:
22. THAT 1 therefore agree that the Applicant herein, namely JOYCE CHELAGAT CHEMAI, be allowed to substitute her husband, the late JANES AGALOMBA LUGOHI, in PROBATE AND
ADMIN1STRATION CAUSE NO. 001 OF 2021 in KAPSABET HIGH COURT.
23. THAT litigation must come to an end.
24. THAT I am in support of the application and do pray that the same be allowed.
[5] The application was therefore unopposed and having considered it alongside the documents annexed to the Supporting Affidavit, I am satisfied that it is meritorious. Section 47 of the Law of Succession Act stipulates that:
““The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient…”
[6] Similarly, Rule 73 of the Probate and Administration Rules provides that:
Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
[7] Therefore, the Court has the requisite jurisdiction to make the orders sought.
[8] In the result, the Summons dated 30th March 2026 is hereby allowed and orders granted as follows:
[a] That the respondent herein, James Agalomba Lugohe (now deceased) be substituted by his widow and legal representative, Joyce Chelagat Chemai.
[b] That leave be and is hereby granted to the said Joyce Chelagat Chemai to continue with these proceedings in place of the deceased respondent for purposes of prosecuting and/or defending the matter herein.
[c] Costs of this application be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 7TH DAY OF AUGUST 2026
[a] The late James Agalomba Lugohe (deceased) be substituted by Joyce Chelagat Chemai, his widow and the holder of a Limited Grant of Letters of Administration Ad Litem issued in Kapsabet High Court Ad Litem No. E025 of 2025.
[b] The said Joyce Chelagat Chemai be allowed to continue with these proceedings in place of the deceased respondent for purposes of prosecuting and/or defending the matter herein.
[c] Costs of this application be in the cause.
[2] The application was supported by the annexed affidavit of Joyce Chelagat Chemai and the grounds that the respondent herein, James Agalomba Lugohe, is now deceased and the proceedings herein are still pending and therefore the estate of the deceased respondent requires representation for the proper and effective determination of the issues in dispute. The applicant further averred that, being the widow of the deceased, she has applied for and been issued with Limited Grant of Letters of Administration Ad Litem authorizing her to act as the legal representative of the deceased respondent herein.
[3] The applicant attached to her affidavit a copy of the Grant of Letters of Administration Ad Litem issued to her on 19th February 2026. She therefore averred that it is only just, fair and in the interest of justice that the substitution sought be allowed to enable continuation of the proceedings without abatement. She added that no prejudice will be suffered by any party if the orders sought are granted.
[4] The respondent, Caroline Lilian Jelimo, opposed the application vide her Replying Affidavit sworn on 13th May 2026. She accused the applicant of being mean with information in not disclosing that they have a myriad of cases pending before courts in respect of the property known as land parcel L.R. NANDI/KAPKANGANI/441. She listed the cases and provided a brief history of each case and its current status. She also attached previous court decisions made in the various cases. Ultimately, she stated at paragraph 22, 23 and 24 of her Replying Affidavit that:
22. THAT 1 therefore agree that the Applicant herein, namely JOYCE CHELAGAT CHEMAI, be allowed to substitute her husband, the late JANES AGALOMBA LUGOHI, in PROBATE AND
ADMIN1STRATION CAUSE NO. 001 OF 2021 in KAPSABET HIGH COURT.
23. THAT litigation must come to an end.
24. THAT I am in support of the application and do pray that the same be allowed.
[5] The application was therefore unopposed and having considered it alongside the documents annexed to the Supporting Affidavit, I am satisfied that it is meritorious. Section 47 of the Law of Succession Act stipulates that:
““The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient…”
[6] Similarly, Rule 73 of the Probate and Administration Rules provides that:
Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
[7] Therefore, the Court has the requisite jurisdiction to make the orders sought.
[8] In the result, the Summons dated 30th March 2026 is hereby allowed and orders granted as follows:
[a] That the respondent herein, James Agalomba Lugohe (now deceased) be substituted by his widow and legal representative, Joyce Chelagat Chemai.
[b] That leave be and is hereby granted to the said Joyce Chelagat Chemai to continue with these proceedings in place of the deceased respondent for purposes of prosecuting and/or defending the matter herein.
[c] Costs of this application be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 7TH DAY OF AUGUST 2026