[2019] KEHC 8238 (KLR)
The court found that sufficient evidence was provided, including a medical certificate confirming JT's mental incapacity, and that the statutory requirements under the Mental Health Act and Civil Procedure Rules were satisfied. The court held that it has jurisdiction to appoint a next friend for a person of unsound...
Source-derived case information.
- Citation
- [2019] KEHC 8238 (KLR)
- Parties
- Applicant: RT; Petitioner: JT
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Petition 13 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons for Appointment of Next Friend
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Next Friend Appointment, Mental Capacity, Guardianship Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RT
Applicant
JT
Petitioner
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons for Appointment of Next Friend
Legal Issues
- 1 Whether the applicant should be appointed as next friend of JT for purposes of instituting a suit on behalf of JT who is of unsound mind.
- 2 Whether the court has jurisdiction under the Mental Health Act and Civil Procedure Rules to grant the orders sought.
Ratio Decidendi
The court found that sufficient evidence was provided, including a medical certificate confirming JT's mental incapacity, and that the statutory requirements under the Mental Health Act and Civil Procedure Rules were satisfied. The court held that it has jurisdiction to appoint a next friend for a person of unsound mind and that the applicant, being JT's brother, was a suitable person to act in this capacity. The application was therefore allowed, and RT was appointed as next friend of JT for the purpose of instituting a suit on his behalf.
Court Disposition
application allowed
Orders
- RT is appointed as next friend of JT for purposes of instituting a suit on behalf of JT.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
PETITION NO.13 OF 2018
IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 LAWS OF KENYA
RT next friend of
JT.................................PETITIONER
RULING
1. Before me is a Chamber Summons dated 26th October 2018 seeking the appointment by this court of Petitioner as next friend of JT for purposes of institution of suit on behalf of the said JT.
2. The application was filed with a Supporting Affidavit in which it was deponed by the applicant that JT was assaulted by a person who had refused to pay for the medical expenses incurred arising from the assault. It was also deponed that the said JT is of unsound mind and incapable of instituting court proceedings.
3. Consent upon the filing of the application, this court ordered the filing of a further affidavit with a medical certificate to confirm the medical status of JT, which was filed on 21st march 2019, in which Dr. Mathew Loftus of Litein AIC Hospital confirmed that JT was not capable of prosecuting a court case.
4. This application, having been brought under Order 32 Rule 15 of the Civil Procedure Rules 2010, and section 26 (1) and (3), section 27 (2) and section 29 of the Mental Health Act Cap 248, and with the documents filed in support of the same, as well as the submissions of Ms Sitati for the applicant, I find no reason to decline the same.
5. For the avoidance of doubt, section 26 (1) of the Mental Health Act provides as follows:-
“26 (1) the court may make orders-
(a) For the management of the estate of any person suffering from mental disorder; and
(b) For the guardianship of any person suffering from mental disorder by any nearer relative or by any other suitable person”.
6. This court thus has jurisdiction to make the orders sought for the purposes of a brother instituting and prosecuting proceedings on behalf of his brother who is of unstable mind.
7. Consequently, I allow the application and appoint RT the petitioner as next friend of JT for purposes of instituting a suit on his behalf as requested, I make no order as to costs.
Dated, delivered and signed this 26th day of April 2019.
…………………………………………………
George Dulu
JUDGE