1. Vide a Notice of Motion dated 13th November 2025, Marygrace Ojiro Wanyama, who is the applicant herein, seeks to be substituted with the original applicant, Raphael Beda Wanyama, who passed on during the pendency of this suit but after a judgment and a decree had been issued in his favour.
2. The applicant seeks to be substituted in this suit in place of the original applicant for the purpose of execution of the decree issued in favour of the original applicant, Raphael Beda Wanyama, who died on 16th September 2023 before the decree issued in his favour was executed.
3. For purposes of the relief/order sought, the applicant has applied for and obtained a limited grant of letters administration of the Estate of the original aplicant, Raphael Beda Wanyama.
4. The application is unoppsed.
5. I have read and considered the circumstances that led to the filing of the instant application and the applicable law namely Order 24 Rule 10 of the Civil Procedure Rules. I have also read the case of Rutto v Kugu; Keter (Applicant) (Environment & Land Case 123 of 2012) (2024) KEELC 4044 (KLR) (20 May 2024) (Ruling) where the principles that undergird an application like the instant one were discussed/espoused. In the aforsaid case, the court inter alia stated/held:-
“...Order 24 Rule 10 comes in to clarify the procedure after an order or decree is made in a matter and is being executed. It expressly excludes the procedure and abatement where either of the parties dies after a decree or order being executed is made...A decree or order does not abate upon the death of a decree holder or judgment debtor. Its execution is only subject to the law of limitation of actions. As long as there is a decree against the defendant who passed away at a date a year before the alleged abatement, the decree is firmly against the Estate. All that the plaintiff needs or needed to do was, as soon as the administrator of his estate was appointed, to apply to substitute him or her and execute the decree accordingly...”.
6. In the instant application, the applicant has obtained a limited grant of letters administration ad litem in respect of the estate of the deceased plaintiff allowing her to file and prosecute a suit, which I read to mean pursue the pending execution proceedings.
7. In the circumstances, I am satisfied that the applicant has made up a case for being granted the orders sought, which I hereby grant her as sought in the notice of motion dated 13th November 2025.
8. Orders accordingly.
Ruling dated, signed and delivered at Busia this 20th day of May, 2026
In the presence of;-
Ms. Juma h/b for Mr J V Juma for the Applicant
N/A for the Respondent
Court Assistant: Tracy