Kenneth & another (Both Suing as Legal Representatives and Beneficiaries of the Estate of the Late Joel Kiprotich Kiget) v Kositany & 2 others; Kositany (Applicant) (Environment and Land Case 24 of 2019) [2025] KEELC 5259 (KLR) (10 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5259
- Citation
- [2025] KEELC 5259 (KLR)
- Decided
- 10 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplicant's Motion for Appointment of Guardian Ad LitemCoramL. A. OMOLLO
Holding
The Applicant's application is merited and allowed. Chepkirui Kositany is appointed as guardian ad litem of the 1st Defendant, John Kositany.
Facts
The Plaintiffs seek a declaration that the cancellation of the deceased's name from certain land registrations is illegal. The Applicant seeks to be appointed guardian ad litem for the 1st Defendant due to his alleged dementia and mild cognitive impairment.
Issues
- Whether the Applicant's application for appointment of guardian ad litem has merit.
- Whether the Court must conduct a judicial inquiry before appointing a guardian ad litem under Order 32 Rule 15 of the Civil Procedure Rules.
Reasoning
The Court held that before appointing a guardian ad litem under Order 32 Rule 15, the Court must conduct a judicial inquiry to confirm the person's incapacity to protect their interests and medical evidence must be adduced.
Outcome
The Applicant's application is allowed.
Orders
- Chepkirui Kositany is appointed as guardian ad litem of the 1st Defendant, John Kositany.
- Chepkirui Kositany is made a party in this suit as guardian ad litem of the 1st Defendant, John Kositany.
- Costs of this application shall be in the cause.
Remedies
- Appointment of Chepkirui Kositany as guardian ad litem for the 1st Defendant, John Kositany.
Authorities cited
Legislation (1)
- Order 32 Rules 3 & 15 and Order 51 Rule 1 of the Civil Procedure Rules.
Cases cited (2)
- MMM v AMK [2016] KEHC 4741 (KLR)
- Balakrishnan v Balachandran (2016) 1 SCC 647
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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