FR (Suing as the Legal Representative and Administrator of the Estate of MB - Minor) & another v Coptic Hospital & 4 others (Civil Case E145 of 2024) [2026] KEHC 8821 (KLR) (Civ) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8821 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL CASE E145 OF 2024 SIFUNA NIXON, J JUNE 18, 2026 BETWEEN FR(SUING AS THE LEGAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF MB - MINOR) ........................................................ 1ST PLAINTIFF FR ........................................................................................................... 2ND PLAINTIFF AND COPTIC HOSPITAL ........................................................................ 1ST DEFENDANT DR HALIM HANY .......................................................................... 2ND DEFENDANT DR MINA NADY ............................................................................. 3RD DEFENDANT DR S.R SAKR ................................................................................... 4TH DEFENDANT DR JOSEPH NDUGIRE .................................................................. 5TH DEFENDANT RULING 1. This Ruling is on the Plaintiff’s Application dated 11th September 2025. By which she has sought to amend her Plaint. The sought amendment is to join more Defendants. 2. Amendment of pleadings is provided for in Order 8 of the Civil Procedure Rules. Order 8 Rule 3 provides that where pleadings have closed, the amendment shall be with leave of court. The Plaintiff is by this Application seeking such leave. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8821/eng@2026-06-18 1
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3. As regards joinder and substitution of parties, Order 1 Rule 10 (2) of the said Rules, provides as follows: “ The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely adjudicate upon and settle all questions involved in the suit; be added.” 4. Upon considering the Application, together with its Supporting Affidavit, I find that the Application meets the legal threshold set in Order 1 Rule 10 (2). 5. The addition of the new parties to this suit requires that the Plaint be amended. Further, the pleadings having closed, any amendment to the pleadings, requires the leave of court. 6. For reasons aforegoing, this Application has merit, hence is hereby allowed. In terms that, the Plaintiff is hereby granted leave to amend the Plaint and join those parties. The Amended Plaint be filed and served within 14 days from the date of this ruling. 7. The Plaintiff shall have the costs of this Application. Which costs shall be in the cause. DATED AND DELIVERED AT NAIROBI VIRTUALLY ON THIS 18TH OF JUNE 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8821/eng@2026-06-18 2
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