Charo v Permanent Secretary, Ministry of State Provincial Administration & Internal Security & another [2025] KEHC 3005 (KLR)

Charo v Permanent Secretary, Ministry of State Provincial Administration & Internal Security & another (Miscellaneous Application 48 of 2012) [2025] KEHC 3005 (KLR) (7 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3005 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Application 48 of 2012

J Ngaah, J

March 7, 2025

Between

Elson Mwangovi Charo

Applicant

and

Permanent Secretary, Ministry of State Provincial Administration & Internal Security

1st Respondent

Attorney General

2nd Respondent

Ruling

1. The application before court is a motion dated 24 January 2025 expressed to be brought under section l(A), 3(A) of the Civil Procedure Act, cap. 21; Order 1 rule 1 and Order 24 rule 1, 3(1) and (2) and Order 51 of the Civil Procedure Rules. The applicant seeks in the main “to join James Mwamlanda Mwangovi as a party to these proceedings as the administrator/applicant”.

2. In substance, James Mwamlanda Mwangovi is a son and one of the beneficiaries of the estate of Elson Mwangovi Charo who died on 28 December 2023. James Mwamlanda Mwangovi now wishes to be joined in this matter to proceed with it.

The application is unopposed. 3. I note from the affidavit in support of the application a copy of a death certificate of Elson Mwangovi Charo showing that he died on 28 December 2023. On the same affidavit, there is exhibited a copy of limited grant of letters of administration in respect of the estate of Elson Mwangovi Charo made by the Chief Magistrate in Mombasa in Succession Cause No. 153 of 2024.

4. The grant has been made to James Mwamlanda Mwangovi, the applicant in these applicant.

5. Based on this evidence, I allow the application and substitute Elson Mwangovi Charo with James Mwamlanda Mwangovi as the applicant in the substantive proceedings. The application is allowed to that extent. I make no order as to costs.It is so ordered.

SIGNED, DATED AND DELIVERED ON 7 MARCH 2025NGAAH JAIRUSJUDGE