https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10230
The court accepted the unopposed ex parte application on the basis that the proposed guardian is the victim’s biological mother and the supporting material showed the victim had serious injuries and could not represent himself, justifying appointment to pursue the damages claim.
Source-derived case information.
- Citation
- [2026] KEHC 10230 (KLR)
- Parties
- Petitioner/applicant: Philis Ekalianan Ololi; Subject of Guardianship Application: Moses Ofwolo Luvinzo
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Civil Case E009 of 2026
- Procedural Posture
- Family Miscellaneous Civil Case / Ruling on Ex Parte Petition for Appointment of Guardian Ad Litem
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Appointment of Guardian Ad Litem, Capacity to Sue, Mental Disability Representation, Road Traffic Accident Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philis Ekalianan Ololi
Petitioner/applicant
Moses Ofwolo Luvinzo
Subject of Guardianship Application
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Ex Parte Petition for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the applicant should be appointed guardian ad litem for the injured victim
- 2 Whether the application was properly brought ex parte for purposes of pursuing a damages claim
Ratio Decidendi
The court accepted the unopposed ex parte application on the basis that the proposed guardian is the victim’s biological mother and the supporting material showed the victim had serious injuries and could not represent himself, justifying appointment to pursue the damages claim.
Court Disposition
Application allowed
Orders
- Philis Ekalianan Ololi appointed guardian ad litem of Moses Ofwolo Luvinzo for purposes of filing a claim for damages arising from the road traffic accident of 2nd August 2024.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
In re Ololi (Petitioner) (Family Miscellaneous Civil Case E009 of 2026) [2026] KEHC 10230 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 10230 (KLR) Republic of Kenya In the High Court at Bungoma Family Miscellaneous Civil Case E009 of 2026 E Ominde, J July 2, 2026 IN THE MATTER OF PHILIS EKALIANAN OLOLI Ruling 1.Before this court is a Petition by the Applicant dated 30th April, 2026 brought Under Sections 26 and 28 of the Mental Health Act Chapter 248 Laws of Kenya and Order 32 Rule 15 of the Civil Procedure (Amendment) Rules, 2020 seeking the following orders:a.That the Petitioner Philis Ekalianan Ololi be appointed Guardian Ad Litem of Moses Ofwolo Luvinzo for purposes of filing claim for damages arising out of a road traffic accident that occurred on the 2nd August 2024.b.Costs.c.Any other Order. 2.The Petition is supported by the grounds on the face of it and the affidavit of Philis Ekalianan Ololi sworn on 30th April 2026. 3.Counsel for the Applicant Mr. Bw’onchiri stated that the Petition is exparte wherein and seeks for the Appointment of a Guardian Ad Litem for purposes of filing suit for a victim who sustained serious injuries as a result of a Road Traffic Accident and therefore not able to represent themselves. They have annexed to their application a Police Abstract as the doctor’s report. He prays that the Application be allowed. The proposed Guardian is the Biological Mother of the Victim. 4.I have considered the Application dated 30th April 2026 and the same is now hereby allowed as follows: -a.An order be and is now hereby issued appointing the Petitioner Philis Ekalianan Ololi as the Guardian Ad Litem of Moses Ofwolo Luvinzo for purposes of filing a claim for damages arising out of a Road Traffic Accident that occurred on the 2nd August 2024.b.Costs shall be in the cause.c.This file is now hereby closed. READ DATED AND SIGNED AT BUNGOMA ON 2ND DAY OF JULY, 2026E. OMINDEJUDGE