1. George Albert Ambuga, Janerose Anyango Andera & Roseline Nabwire Barasa (the Plaintiffs herein) first approached this Hounrable Court vide their plaint dated 10th August, 2016 where they sought an order of permanent injunction restraining the defendants by themselves, their servants, agent or otherwise howsoever from entering, remaining on, cultivating, planting any crops or continuing in occupation or use of Land Parcel Numbers SAMIA/WAKHUNGU-ODIADO/1918,1917 and 1916, an order directing the County Land Registrar to remove all restrictions placed by the defendants on Land Parcel Numbers SAMIA/WAKHUNGU-ODIADO/1918,1917 and 1916,costs of the suit and any other further relief.
2. The Defendants filed a Statement of Defence through Jenipher Malala Ikinya, one of the Defendants herein.
3. The suit was dismissed twice on 10th August, 2016 and 14th June, 2021 for non-attendance by A Omollo J, but was later reinstated.
4. During pendency of the suit, the 1st defendant passed on. A Notice of Motion dated 22nd April 2026, premised under the provisions of Article 159 of the Constitution and Order 24 of the Civil Procedure Rules was filed seeking the following orders: -
1. Spent.
2. THAT Jenipher Malala Ikinya the deceased herein be substituted with the intended substitute herein one Wilson Ngaira Bwire Okiya.
3. THAT the costs be in the cause.
5. The application is based on the grounds set out therein and is supported by the affidavit of Wilson Ngaira Bwire Okiya sworn on 22nd April, 2026. The gravamen of the application is that the 1st defendant died while the suit was ongoing; that the intended substitute filed for letters of Adminstration ad litem vide BUSIA MISC SUCC CAUSE NO. E077 OF 2025 which were issued to him on 9th May, 2025.
6. The following documents are annexed to the application: -
a) Certificate of death for the 1st defendant who died on 2nd May, 2025;
b) Limited Grant of Letters of Administration Ad Litem issued on 9th May, 2025 to the applicant in respect to the Estate of the 1st defendant
c) Witness statement, copy of National Identity Card for Wilson Ngaira Bwire Okiya, a hand written sale agreement by the late Nyongesa Barasa Egira (the Applicant’s father) dated 20th August, 1979.
7. The application is not opposed.
8. Order 24 Rule 4 of the Civil Procedure Rules provides;
(1) Where one of two or more defendants dies and the cause of action does not survive or continue against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the cause of action survives or continues, the court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.
9. For an application for substitution of a deceased person to succeed, the person seeking to be substituted needs to be a legal representative of the deceased’s Estate. In the instant application, the applicant has annexed letters of administration adlitem showing he is the personal representative of the Estate of Jenipher Malala Ikinya. The 1st defendant died on 2nd May, 2025 and the application was filed 22nd April 2026 within one year of the 1st defendant’s death.
10. Taking all the above into account and considering that this application was not opposed, I allow prayer 2. I make no orders as to costs as the application was not opposed.
Ruling dated, signed, and delivered at Nyahururu this 9th day of July 2026 through Microsoft teams.
In the presence of;-
Mr. Ouma for the Applicant
N/A for the Respondent
Court Assistant: Bedan
2. The Defendants filed a Statement of Defence through Jenipher Malala Ikinya, one of the Defendants herein.
3. The suit was dismissed twice on 10th August, 2016 and 14th June, 2021 for non-attendance by A Omollo J, but was later reinstated.
4. During pendency of the suit, the 1st defendant passed on. A Notice of Motion dated 22nd April 2026, premised under the provisions of Article 159 of the Constitution and Order 24 of the Civil Procedure Rules was filed seeking the following orders: -
1. Spent.
2. THAT Jenipher Malala Ikinya the deceased herein be substituted with the intended substitute herein one Wilson Ngaira Bwire Okiya.
3. THAT the costs be in the cause.
5. The application is based on the grounds set out therein and is supported by the affidavit of Wilson Ngaira Bwire Okiya sworn on 22nd April, 2026. The gravamen of the application is that the 1st defendant died while the suit was ongoing; that the intended substitute filed for letters of Adminstration ad litem vide BUSIA MISC SUCC CAUSE NO. E077 OF 2025 which were issued to him on 9th May, 2025.
6. The following documents are annexed to the application: -
a) Certificate of death for the 1st defendant who died on 2nd May, 2025;
b) Limited Grant of Letters of Administration Ad Litem issued on 9th May, 2025 to the applicant in respect to the Estate of the 1st defendant
c) Witness statement, copy of National Identity Card for Wilson Ngaira Bwire Okiya, a hand written sale agreement by the late Nyongesa Barasa Egira (the Applicant’s father) dated 20th August, 1979.
7. The application is not opposed.
8. Order 24 Rule 4 of the Civil Procedure Rules provides;
(1) Where one of two or more defendants dies and the cause of action does not survive or continue against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the cause of action survives or continues, the court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.
9. For an application for substitution of a deceased person to succeed, the person seeking to be substituted needs to be a legal representative of the deceased’s Estate. In the instant application, the applicant has annexed letters of administration adlitem showing he is the personal representative of the Estate of Jenipher Malala Ikinya. The 1st defendant died on 2nd May, 2025 and the application was filed 22nd April 2026 within one year of the 1st defendant’s death.
10. Taking all the above into account and considering that this application was not opposed, I allow prayer 2. I make no orders as to costs as the application was not opposed.
Ruling dated, signed, and delivered at Nyahururu this 9th day of July 2026 through Microsoft teams.
In the presence of;-
Mr. Ouma for the Applicant
N/A for the Respondent
Court Assistant: Bedan