David Njenga Wanjeri & Nahashon Muhoro v Attorney General & Joseph Karibu Njenga [2015] KEHC 3940 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL SUIT NUMBER 481 OF 2008

DAVID NJENGA WANJERI. …...……………………..…. 1ST  PLAINTIFF

NAHASHON MUHORO. …………………………………. 2ND PLAINTIFF

VERSUS

THE ATTORNEY GENERAL. ……………………………. 1ST DEFENDANT

JOSEPH KARIBU NJENGA. ……………………………... 2ND DEFENDANT

R U L I N G

The application before the court is the Notice of Motion dated        23rd January, 2015. It seeks, the substitution of the name of Nahashon Muhoro Waweru, (Deceased) who is Plaintiff, with that of the Administrator Ad Litem, Margaret Wanjiku Waweru.

The facts show that the Plaintiff aforementioned, died on  10th January, 2014 while this suit was pending. A grant of Letters of Administration was obtained by Margaret Wanjiku Waweru on  16th September, 2014. But this application was not filed until 23rd January, 2015.

It is not in doubt that if substitution was not effected with one year after 10th January, 2014, which in this case fell on 9th January, 2015, this suit would abate. To that end this suit abated on 9th January, 2015 even before this application was filed. That is to say that there is presently no valid suit to which or in respect of which the sought substitution of Margaret Wanjiku Waweru would be done.

It is possible for the applicant to have filed a specific application for the extension of time as provided under Order 24 Rule 3(2) of the Civil Procedure Rules. However, no such extension has been formerly and properly sought. In the above circumstances the relief sought in this application is incapable of being granted by this court. This application is accordingly hereby dismissed with costs. Orders accordingly.

Dated and Delivered at Nairobi this 7th day of July,   2015.

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D A ONYANCHA

JUDGE