In re LOS (Civil Miscellaneous E051 of 2025) [2025] KEHC 5622 (KLR) (5 May 2025) (Ruling)

Summary at a glance

Facts

The applicant, LRO, is the legal wife of the respondent, LSO, who is suffering from head injury, memory loss, and head trauma, rendering him unable to make decisions on his own and run day-to-day activities.

Issues

• Whether the application for the admission of the application to hearing during the vacation of the High Court is admissible.
• Whether the appointment of a legal guardian ad litem and/or next friend is necessary for the respondent's welfare and legal representation.

Reasoning

The court finds merit in the appointment of a legal guardian ad litem and next friend, which includes the interim exercise of all choices that could have been made by the respondent save for his incapacity at the moment, including access to the respondent's bank account.

Outcome

The application is granted.

Orders

• The Chamber Summons be and heard at the earliest possible moment during the Vacation of this Honourable Court.
• The costs of this Application be provided for.

Remedies

• Appointment of a legal guardian ad litem and next friend for the respondent.
• Interim exercise of all choices that could have been made by the respondent save for his incapacity at the moment.
• Access to the respondent's bank account at Stanbic Bank.

Authorities cited