M’Rwito & 4 others v Kobia ( Sued as a Legal Representative of and Administrator of the Estate of the Late Chabari Manga –Deceased); David (Applicant) [2025] KEELC 5097 (KLR)

M’Rwito & 4 others v Kobia ( Sued as a Legal Representative of and Administrator of the Estate of the Late Chabari Manga –Deceased); David (Applicant) (Enviromental and Land Originating Summons E013 of 2022) [2025] KEELC 5097 (KLR) (8 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5097 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Enviromental and Land Originating Summons E013 of 2022

BM Eboso, J

July 8, 2025

Between

Patrick Mutai M’Rwito

1st Plaintiff

Cecilia Gaiti M’Rwito

2nd Plaintiff

Jediel Muthuri Chabari

3rd Plaintiff

Kenneth Kirimi Chabari

4th Plaintiff

David Mutwiri M’Rimbera

5th Plaintiff

and

Peterson Kobia ( Sued as a Legal Representative of and Administrator of the Estate of the Late Chabari Manga –Deceased)

Defendant

and

Esther Muthoni David

Applicant

Ruling

1. Through the notice of motion dated 13/3/2025, the estate of the late David Mutwiri M’rimbera seeks orders of substitution relating to the deceased 5th plaintiff. The exhibited death certificate shows that the deceased died on 23/8/2024. On 28/2/2025, the Chief Magistrate Court at Meru issued a limited grant to Esther Muthoni David. The estate wants Esther Muthoni David to be substituted in place of the deceased.

2. In the absence of any opposition, the plea shall be allowed in terms of prayers 2 and 3 of the application dated 13/3/2025. The amended originating summons shall be filed and served within 14 days.

DATED, SIGNED AND DELIVERED AT MERU THIS 8TH DAY OF JULY, 2025B.M EBOSO [MR]JUDGEIn the presence ofMr. Gichunge for the ApplicantMr. Gitonga holding brief for Mr. Murango MwendaCourt Assistant - Tupet