[1] The Notice of Motion dated 26 th January 2026 was filed by Bor Kimurgor Abraham (hereinafter, “the applicant’), under Sections 1, 1A, 3, 3A, 63(e) and 93 of the Civil Procedure Act as well as Order 32 Rule 15 , Order 51 Rule 22 of the Civil Procedure Rules for orders that:
[a] Spent
[b] The Court be pleased to grant leave and/or consent to the applicant, Bor Kimurgor Abraham , to act as the next of friend for Linus Kibor Kiptalam, who has suffered multiple strokes which had rendered him unable to prosecute Kapsabet Environment and Land Cases Numbers 20 of 2023 and 27 of 2023 to their logical conclusion.
[c] The costs of the application be provided for.
[2] The application is supported by the affidavit of the applicant, sworn on 26 th January 2026 in which he averred that that Linus Kibor Kiptalam (the subject herein) instituted Kapsabet ELC Cases Numbers 20 and E027 of 2023 seeking to assert his beneficial interest as against the administrator of the estate of his late sister, Teresa Jemaiyo Bittok ; but that due to multiple strokes suffered by him which have affected his faculty of speech, he is now unable to prosecute the two cases to their logical conclusion. The applicant further averred that the two suits have been mentioned severally and risk being dismissed for want of prosecution.
[3] The applicant further averred that he is the biological son of the subject and is ready and prepared to take over the prosecution of the two cases on behalf of the subject in the interest of justice. He annexed copies of a Radiology Report issued by Lifecare Hospital dated 12 th July 2025 and an excerpt of the Case Tracking System giving the status of the two cases, among other documents.
[4] A perusal of the court record shows that the application was duly served and that a Notice of Appointment dated 12 th March 2026 was thereafter filed by M/s Omollo Rotich Barasa & Company Advocates in which the subject, Linus Kibor Kiptalam, was named as the respondent. The said firm accordingly came on record as Advocates for the respondent. They have not filed any response to the application thus far. The record further shows that a Hearing Notice for 19 th May 2026 was duly served on the said firm of Advocates. They did not attend court for the hearing of the application.
[5] Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the documents exhibited by the applicant, I am satisfied that, by reason of impairment of speech occasioned by multiple strokes, the subject is incapable of prosecuting or protecting his interests in the court cases aforementioned. Accordingly, the Notice of Motion dated 26 th January 2026 is hereby allowed and orders granted as follows:
[a] The applicant, Bor Kimurgor Abraham , is hereby appointed as the Guardian Ad Litem for Linus Kibor Kiptalam (the subject), for the purposes of prosecuting and defending the interests of the subject in Kapsabet Environment and Land Cases Numbers 20 of 2023 and 27 of 2023 .
[b] There be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAPSABET THIS 20 TH DAY OF MAY 2026
[a] Spent
[b] The Court be pleased to grant leave and/or consent to the applicant, Bor Kimurgor Abraham , to act as the next of friend for Linus Kibor Kiptalam, who has suffered multiple strokes which had rendered him unable to prosecute Kapsabet Environment and Land Cases Numbers 20 of 2023 and 27 of 2023 to their logical conclusion.
[c] The costs of the application be provided for.
[2] The application is supported by the affidavit of the applicant, sworn on 26 th January 2026 in which he averred that that Linus Kibor Kiptalam (the subject herein) instituted Kapsabet ELC Cases Numbers 20 and E027 of 2023 seeking to assert his beneficial interest as against the administrator of the estate of his late sister, Teresa Jemaiyo Bittok ; but that due to multiple strokes suffered by him which have affected his faculty of speech, he is now unable to prosecute the two cases to their logical conclusion. The applicant further averred that the two suits have been mentioned severally and risk being dismissed for want of prosecution.
[3] The applicant further averred that he is the biological son of the subject and is ready and prepared to take over the prosecution of the two cases on behalf of the subject in the interest of justice. He annexed copies of a Radiology Report issued by Lifecare Hospital dated 12 th July 2025 and an excerpt of the Case Tracking System giving the status of the two cases, among other documents.
[4] A perusal of the court record shows that the application was duly served and that a Notice of Appointment dated 12 th March 2026 was thereafter filed by M/s Omollo Rotich Barasa & Company Advocates in which the subject, Linus Kibor Kiptalam, was named as the respondent. The said firm accordingly came on record as Advocates for the respondent. They have not filed any response to the application thus far. The record further shows that a Hearing Notice for 19 th May 2026 was duly served on the said firm of Advocates. They did not attend court for the hearing of the application.
[5] Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the documents exhibited by the applicant, I am satisfied that, by reason of impairment of speech occasioned by multiple strokes, the subject is incapable of prosecuting or protecting his interests in the court cases aforementioned. Accordingly, the Notice of Motion dated 26 th January 2026 is hereby allowed and orders granted as follows:
[a] The applicant, Bor Kimurgor Abraham , is hereby appointed as the Guardian Ad Litem for Linus Kibor Kiptalam (the subject), for the purposes of prosecuting and defending the interests of the subject in Kapsabet Environment and Land Cases Numbers 20 of 2023 and 27 of 2023 .
[b] There be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAPSABET THIS 20 TH DAY OF MAY 2026