SAMUEL NYOIKE NDUATI V. REPUBLIC & ANOTHER

R U L I N G

On 17^th May, 2006, Githinji, J.A. struck out as incompetent an application by Esther Mwembu Nyoike, the applicant, for her substitution in place of her deceased husband, Samuel Nyoike Nduati, as the applicant in Civil Application No. Nai. 292 of 2003. The application for substitution was made after the six months duration provided under rule 55(7) of the Court of Appeal Rules for making such an application and for that reason alone the learned Judge struck out the application. The sub-rule provides:-

“An application shall abate on the death of the applicant or the respondent unless an application is made by any interested party to cause the legal representative of the deceased within six months from the date of death of the applicant or the respondent.”

In the motion before me filed on 7^th June, 2006, the applicant has returned to this Court seeking, principally, an order extending the time within which to apply to be substituted in place of her aforesaid deceased husband, to…