Victoria Masinde (Suing through her Attorney Rose N. Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (Deceased), Stephen Kiplangat Psenjen (Legal personal representative of Enock Mokoit Psenjen(Deceased) & Amy Chelagat Kiptui [2020] KEELC 1149 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

ELC NO. 136 OF 2006

VICTORIA MASINDE (Suing through her Attorney

ROSE N. MASINDE..............................................................................PLAINTIFF

VERSUS

LOIS CHESIRIKEN PSENJEN (Legal personal

representative ofENOCK MOKOIT PSENJEN (deceased)....1STDEFENDANT

STEPHEN KIPLANGAT PSENJEN (Legal personal

representative ofENOCK MOKOIT PSENJEN(deceased)....2ND DEFENDANT

AMY CHELAGAT KIPTUI.......................................................3RD DEFENDANT

RULING

1. By a notice of motion dated 25/6/2020 and filed on 30/6/2020 brought under provisions of Section 3A of the Civil Procedure Act, the applicant/plaintiff seeks the following orders:

(1) That ROSE NASWA MASINDE the legal representative of the plaintiff VICTORIA KAMULE MASINDE, be substituted with BETTY TINDI MASINDE.

(2) That the plaintiff be granted leave to further amend the plaint.

(3) That costs of this application be in the cause.

2. The application is premised on the following grounds: that the plaintiff’s former legal representative, Rose Naswa Masinde, died on the 18/12/2019 while the case was still pending for determination; that the plaintiff works for gain in the Republic of Iraq and is unavailable to conduct the case of herself; that the plaintiff has donated power to Betty Tindi Masinde to represent her in the case and that the orders shall not prejudice the defendants. The application is supported by the affidavit of the plaintiff sworn on 25/6/2020 which reiterates the above grounds.

3. The application is not opposed. I have taken notice of the copy of the certificate of death in respect of the plaintiff’s erstwhile representative and the revocation of power of attorney earlier granted to her as well and the copy of the newly registered power of attorney made by the plaintiff in favour of her incoming representative. I find that the orders sought are merited and I hereby grant the application as prayed in prayers 1and2 thereof. The costs of the application shall be in the cause.

4. The plaint in this matter shall be amended and such amended plaint shall be filed and served within 7 days of the date of this ruling.

5. The judgment in this matter shall be delivered by way of electronic mail on 30/9/2020. The file record shall be availed in Chambers within 7 days of this order for the purpose of writing judgment.

It is so ordered.

Dated, signed and delivered at Kitale via electronic mail on this 4th day of September, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE.