https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10905

In re JC (Subject) (Family Miscellaneous Civil Case E006 of 2025) [2026] KEHC 10905 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KEHC 10905 (KLR) Republic of Kenya In the High Court at Kabarnet Family Miscellaneous Civil Case E006 of 2025 TM Matheka, J July 17, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT (CAP 24 LAWS OF KENYA) AND IN THE MATTER OF JC – (SUBJECT) AND IN THE MATTER OF AN APPLICATION BY AK In the matter of AK Applicant Ruling 1.Before me is the exparte application dated 3/12/2025 brought by Ann Kiptua. 2.Anne Kiptua states that JC is her husband and that; 3.The Subject, JC, has suffered mental distress since 2022 following a severe malaria attack, and his mental health condition has deteriorated to the extent that he is unable to manage his personal and financial affairs, including defending a suit allegedly lodged against him in Kabarnet Law Court MCELC/E032/2022 which unfortunately proceeded undefended owing to the mental status of the applicant herein having been sued by Charles Morogo Kiptalam over ownership of land parcel registration number Chapchap/Kaptarakwa/442 annexed and marked as AK1 is a copy of the decree dated 20.11.2023. 4.That a medical report dated 14.11.2025 from Baringo County Referral Hospital confirms that he suffers from mental illness, including persistent hallucinations and wandering about. A copy of the medical report is hereby attached and marked as AK2. 5.The family, including my in-laws; SK, WK, EC and NK, have consented to my appointment as guardian ad litem, as documented in family meeting minutes dated 07.11.2025 and a letter from the area chief dated 10.01.2025. Copies of the same are hereby annexed as AK3 a and b.” 3.Supporting the application are proceedings from Kabarnet MCELC No. E032/2022 where the court stated;“ 1.That a declaration be and is hereby entered that the Plaintiff is the absolute owner of the whole parcel of land number Chapchap/Kaptarakwa/442 (subject piece of land). 2.That an order is hereby issued for eviction of the defendant from the subject piece of land and removal of the caution. 3.That the OCS Kabarnet Police Station do assist in the enforcement of the eviction.” 4.There is a letter from the Chief Ngetmoi dated 10/1/2025 confirming that the subject has been suffering from a mental illness since 2022 – when he began wandering about the village. 5.There is also a letter from Baringo County Referral Hospital dated 14/11/2025 indicating that –Re: Jc, 45 Years, MaleThe above patient is on follow up at the Psychiatry clinic for Schizophrenia. He was admitted in 2022 with complains of hallucinations and wandering about. To date he still wanders about.He is on:Tabs Chlorpromazine 100 mg ODX1Tabs Tegretol 200 mg ODTabs Astone 5 mg DRN.Kindly accord him the necessary assistance he may require. 6.I directed that the subject be produced in court – and today he was. I noticed that he appeared unaware of his surrounding, though clean, well kempt, he would only point gesture with his hands when spoken to and the other times he would respond by grunts. 7.I have heard the wife of the subject – It is evident that the subject’s illness has put a toll on the family and led to the matter where he was the sued and the same proceeded undefended. 8.I have considered the medical evidence before me it is indicated that the subject has Schizophrenia. Efforts to communicate with him were futile. 9.The issue then is: Should the orders sought by the wife issue? 10.I have found illumination in MMM v AMK [2016] KEHC 4741 KLR on the applicable procedure. 11.Having considered both the medical evidence and the evidence of the Petitioner, having observed subject – I am persuaded that the subject is unable to manage his affairs and in particular to defend the Kabarnet Law Court MCELC/E032/2022. 12.I find that the application has merit. 13.The application is allowed. 14.The applicant is appointed as the guardian ad litem for the subject JC and to enable her pursue his interests in Kabarnet Law Court MCELC/E032/2022. 15.Orders accordingly. No orders as to costs. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 17TH JULY 2026.MUMBUA T MATHEKAJUDGEIn the presence of:-Applicant.Mr. Kiptoo for Applicant.CA Momanyi/Gladys.