https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8720

In re EOB (Subject) (Family Miscellaneous Application E001 of 2025) [2026] KEHC 8720 (KLR) (22 June 2026) (Ruling) Neutral citation: [2026] KEHC 8720 (KLR) Republic of Kenya In the High Court at Kisii Family Miscellaneous Application E001 of 2025 PK Rotich, J June 22, 2026 IN THE MATTER OF THE CIVIL PROCEDURE ACT CAP 21 AND CIVIL PROCEDURE RULES, 2010 In the matter of ENB Ex parte Applicant Ruling 1.Before me is a Notice of Motion dated 13/1/2025. In the application the Ex Parte applicant prays that this Honourable Court be pleased to find one EOB is incapable of protecting his interest with regard to his affairs due to mental disorder. The applicant further, to be appointed as the Guardian of EOB. 2.The Application is based on the grounds on the face of it and supported by the annexed affidavit of the Ex Parte Applicant. 3.In her affidavit the Ex Parte Applicant avers that EOB aged 46 years is her husband. 4.The applicant, further avers that her husband was involved in a road accident on 4/9/2024 which occasioned him severe bodily injuries (Attached copy of police abstract marked P. Exhibit “ENB-01” and was treated at Kisii Teaching and Referral Hospital (Attached copy of discharge summary marked “ENB-02”). The applicant also avers that he was equally examined by a medical practitioner one Dr. Morebu Peter Momanyi who prepared a medical report marked “ENB-3”. 5.As a result of injuries he suffered, the applicant stated, the subject intends to institute Legal Proceedings for compensation but is unable to do so due to mental disorder (Annexed Copy of psychiatrist report from Kisii Teaching and Referral Hospital (marked “ENB-4”). 6.Additionally, the applicant stated that the subject is registered with the Council for Persons under Reg. No. NCPWD/P/62742D (Annexed copy of the disability registration Certificate – marked “ENB-05”). 7.The applicant also averred that disability of the subject has also been attested by his area chief vide a letter dated 23/9/2024 (marked “ENB-06”). 8.In compliance with the court’s direction on 5/3/2022, the Applicant swore a Supplementary affidavit attaching a further letter from the chief dated 21/5/2025 (marked Exhibit EN-01). 9.The said letter, the Applicant stated, confirmed that the subject is the son of Naftal Bagwasi Ngubo and Agnes Kerubo Bagwasi (deceased). 10.It also confirms that the Applicant is only wife to the subject and they have been blessed with one son and four daughters. 11.Further, pursuant to the Court’s direction issued on 5/3/2025 the subject, the subject father, the subject first born daughter MKO (ID No. 41xxxxxx) and applicant appeared physically in Court on 18/6/2026. On the said date the court had occasion to examine the subject father aged 87 years and the daughter. Both confirmed that the subject hearing and communication impairment. 12.They also stated categorically that they have no objection to the applicant being appointed as the guardian for the subject. 13.The question for determination in this matter is whether the subject EOB is incapable of protecting his interest. 14.Based on the evidence placed on record in this matter which the court has outlined, it is my finding that this application has merit. The Ex Parte Applicant, is, therefore, appointed as Guardian of Elijah Nyamoita Bagwasi for the purpose of filing a Civil Claim in respect to the road traffic accident the subject was allegedly involved in on 4/9/2024. 15.Cost of the Application shall be in the cause. DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS THIS 22ND DAY OF JUNE 2026.HON. P. K. ROTICHJUDGEIn the presence of;-Mr. Atisi for the Ex Parte Applicant