https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10250
The court found the application merited and allowed it because the proposed ward required representation to file a damages claim arising from the road traffic accident, and the applicant was the biological father and suitable to act as guardian ad litem.
Source-derived case information.
- Citation
- [2026] KEHC 10250 (KLR)
- Parties
- Petitioner/applicant: Muhamed Barasa Hassan; Subject Person / Proposed Ward: Charles Wafula Barasa
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E011 of 2026
- Procedural Posture
- Family Miscellaneous Petition / Ex Parte Ruling on Application for Appointment of Guardian Ad Litem
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Appointment of Guardian Ad Litem, Capacity to Sue, Road Traffic Accident Claim, Ex Parte Application, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muhamed Barasa Hassan
Petitioner/applicant
Charles Wafula Barasa
Subject Person / Proposed Ward
Procedural Posture
Family Miscellaneous Petition / Ex Parte Ruling on Application for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the court should appoint the petitioner as Guardian Ad Litem for Charles Wafula Barasa.
- 2 Whether the application was properly supported for purposes of filing a damages claim arising from a road traffic accident.
Ratio Decidendi
The court found the application merited and allowed it because the proposed ward required representation to file a damages claim arising from the road traffic accident, and the applicant was the biological father and suitable to act as guardian ad litem.
Court Disposition
Application allowed
Orders
- Muhamed Barasa Hassan appointed as Guardian Ad Litem of Charles Wafula Barasa for purposes of filing a claim for damages arising from the road traffic accident of 22 September 2024.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **FAMILY MISC NO. E011 OF 2026** **IN THE MATTER OF MUHAMED BARASA HASSAN ……... 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: 2. **THAT the Petitioner Muhamed Barasa Hassan be appointed Guardian Ad Litem of Charles Wafula Barasa for purposes of filing claim for damages arising out of a road traffic accident that occurred on the 22nd September 2024.** 3. **Costs.** 4. **Any other Order.** 5. The Petition is supported by the grounds on the face of it and the affidavit of **Muhamed Barasa Hassan** sworn on 30th April 2026. 6. 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 Father of the Victim. 7. I have considered the Application dated 30th April 2026 and the same is now hereby allowed as follows: - 8. **An order be and is now hereby issued appointing the Petitioner Muhamed Barasa Hassan as the Guardian Ad Litem of Charles Wafula Barasa for purposes of filing a claim for damages arising out of a Road Traffic Accident that occurred on the 22nd September 2024.** 9. **Costs shall be in the cause.** 10. **This file is now hereby closed.** **Read Dated and Signed at BUNGOMA on 2nd day of July, 2026** **E. OMINDE** **JUDGE**