Monica Karegi Mugambi & another v AMM & 2 others [2020] KEELC 3918 (KLR)
- Court
- Environment & Land Court
- Case number
- 3918
- Citation
- [2020] KEELC 3918 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for appointment of guardian ad litem for a person of unsound mindCoramHON. LUCY. N. MBUGUA, C/A: Kananu, Ojiambo, Gikonyo
Holding
The application for appointment of a guardian ad litem for the 1st defendant (AM) is dismissed with no orders as to costs.
Facts
The application was brought by Monica Karegi Mugambi and Andrew Murunga Mugambi for the appointment of a guardian ad litem for their brother, AM, who is a person of unsound mind due to senility and inability to manage his affairs.
Issues
- Appointment of a guardian ad litem for a person of unsound mind
- Validity of the application for substitution of the guardian ad litem
Reasoning
The court found that the application is not merited and that the order for guardian ad litem should be obtained from the High Court, as the court in Isaac Kipkemboi Chesire & 4 others vs Joseph Kimitei Kwamboi & 7 others (2016) eKLR held that the order for guardianship ad litem is to be made by the High Court.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Mental Health Act
Cases cited (1)
- Isaac Kipkemboi Chesire & 4 others vs Joseph Kimitei Kwamboi & 7 others (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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