https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10468
The court was satisfied that the application was properly supported and that DJW should be appointed guardian ad litem for ESM so that a damages claim arising from the road traffic accident could be filed. The court therefore allowed the petition and closed the file.
Source-derived case information.
- Citation
- [2026] KEHC 10468 (KLR)
- Parties
- Petitioner/applicant/proposed Guardian Ad Litem: DJW; Subject/proposed Protected Person: ESM
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Civil Case E010 of 2026
- Procedural Posture
- Family Miscellaneous Civil Case / Ruling on Ex Parte Petition/application for Appointment of Guardian Ad Litem
- Outcome
- Application allowed.
- Judges
- ["E Ominde"]
- Legal Topics
- Appointment of Guardian Ad Litem, Capacity to Sue, Injuries From Road Traffic Accident, Ex Parte Application, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
DJW
Petitioner/applicant/proposed Guardian Ad Litem
ESM
Subject/proposed Protected Person
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Ex Parte Petition/application for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the court should appoint DJW as guardian ad litem for ESM.
- 2 Whether the application met the threshold for allowing the appointment to enable filing of a damages claim arising from a road traffic accident.
Ratio Decidendi
The court was satisfied that the application was properly supported and that DJW should be appointed guardian ad litem for ESM so that a damages claim arising from the road traffic accident could be filed. The court therefore allowed the petition and closed the file.
Court Disposition
Application allowed.
Orders
- DJW is appointed guardian ad litem of ESM for purposes of filing a claim for damages arising out of a road traffic accident that occurred on 6 February 2025.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
In the Matter of DJW (Family Miscellaneous Civil Case E010 of 2026) [2026] KEHC 10468 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 10468 (KLR) Republic of Kenya In the High Court at Bungoma Family Miscellaneous Civil Case E010 of 2026 E Ominde, J July 2, 2026 In the matter of In the Matter of DJW Petitioner 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 DJW be appointed Guardian Ad Litem of ESM for purposes of filing claim for damages arising out of a road traffic accident that occurred on the 6th February 2025.b.Costs.c.Any other Order. 2.The Petition is supported by the grounds on the face of it and the affidavit of DJW 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 Uncle 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 DJW as the Guardian Ad Litem of ESM for purposes of filing a claim for damages arising out of a Road Traffic Accident that occurred on the 6th February 2025.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