Francis Koome v M’iringo M’kirichiu, Land Adjudication Officer Imenti North, Land Registrar Meru & Attorney General [2021] KEELC 146 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
MISC. APPLICATION NO. E039 OF 2021
FRANCIS KOOME ............................................................................APPLICANT
VERSUS
M’IRINGO M’KIRICHIU .......................................................1ST RESPONDENT
LAND ADJUDICATION OFFICER IMENTI NORTH .......2ND RESPONDENT
THE LAND REGISTRAR MERU ..........................................3RD RESPONDENT
THE HON. ATTORNEY GENERAL .................................... 4TH RESPONDENT
RULING
1. Through an application dated 12. 10. 2021, the court is asked to find M’Nchebere M’Mugwika suffers from mental disease, is unable to protect his interests and hence proceed to appoint one Francis Koome Mburugu a next friend and guardian ad litem.
2. The application is supported by an affidavit sworn on 2. 10. 2021 attaching a medical report by Dr. Timothy K. Riungu.
3. Order 32 Rules 4 & 15 of Civil Procedure Rules as read together with Sections 26 and 27 of the Mental Health Act requires the court to make a judicial inquiry before a person is declared unfit to protect his interests so as to appoint a guardian ad litem.
4. Further Order 32 Rule 15 requires an originating summons be filed. The applicant has not filed either a petition or an originating summons accompanied by consents from the relatives.
5. Similarly the properties of the subject have not been specified. Further the subject has not been presented before the court for a judicial inquiry to be undertaken. Clearly the Miscellaneous application cannot by all intents and purposes amount to a petition or an originating summons.
6. In the premises the notice of motion herein is struck out with no order as to costs.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 15TH DAY OF DECEMBER, 2021
In presence of:
Miss Thuo for applicant
Court Assistant – Kananu
HON. C.K. NZILI
ELC JUDGE