[2020] KEHC 7191 (KLR)
The court found, based on affidavits from the applicant and close family members, as well as its own observation of the subject, that John Ngotho Ndegwa is suffering from a mental disorder resulting from severe injuries sustained in a road traffic accident. The subject is now mentally and physically incapacitated...
Source-derived case information.
- Citation
- [2020] KEHC 7191 (KLR)
- Parties
- Applicant: Charles Mwangi Ndegwa; Respondent: John Ngotho Ndegwa
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Petition 1 of 2020
- Procedural Posture
- Mental Health Application / Ruling on Petition for Appointment of Guardian Ad Litem
- Outcome
- Petition partly allowed.
- Judges
- DW Mbuteti
- Legal Topics
- Mental Capacity, Guardianship, Mental Health Act Procedure
- 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
Charles Mwangi Ndegwa
Applicant
John Ngotho Ndegwa
Respondent
Procedural Posture
Mental Health Application / Ruling on Petition for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether John Ngotho Ndegwa is suffering from a mental disorder under section 26 of the Mental Health Act and is incapable of managing his affairs.
- 2 Whether Charles Mwangi Ndegwa should be appointed as guardian ad litem for the subject.
- 3 Whether the petitioner can be appointed guardian ad litem specifically for the purpose of lodging proceedings for damages arising from personal injuries.
Ratio Decidendi
The court found, based on affidavits from the applicant and close family members, as well as its own observation of the subject, that John Ngotho Ndegwa is suffering from a mental disorder resulting from severe injuries sustained in a road traffic accident. The subject is now mentally and physically incapacitated and unable to manage his own affairs. The court is satisfied that the requirements of section 26 of the Mental Health Act have been met and therefore grants the orders adjudging the subject as a person suffering from a mental disorder and appointing the applicant as guardian ad litem. However, the court declined to grant the specific prayer for appointment as guardian ad litem...
Court Disposition
Petition partly allowed.
Orders
- John Ngotho Ndegwa is adjudged to be a person suffering from a mental disorder under section 26 of the Mental Health Act.
- Charles Mwangi Ndegwa is appointed as guardian ad litem of John Ngotho Ndegwa.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
PETITION NO 1 OF 2020
IN THE MATTER OF JOHN NGOTHO NDEGWA (SUBJECT)
CHARLES MWANGI NDEGWA.....................................PETITIONER
R U L I N G
1. The Petitioner herein, CHARLES MWANGI NDEGWA, has sought three main orders in the petition dated 09/12/2019 –
a. That the Subject of these proceedings, JOHN NGOTHO NDEGWA, be adjudged to be a person suffering from a mental disorder under section 26 of the Mental Health Act, Cap 248.
b. That the Petitioner be appointed as guardian ad litem of the said Subject.
c. That the Petitioner be appointed guardian ad litem to the said Subject for purposes of lodging proceedings on his behalf to claim damages arising from personal injuries suffered in a road traffic accident.
The Petition is expressed to be brought under section 26(1) and section 28(1) of the Mental Health Act.
2. The Petitioner is the brother of the Subject. I have read his affidavit sworn in support of the petition and a supplementary affidavit he filed on 04/02/2020 pursuant to an order of the court.
3. I have also read the following supplementary affidavits filed on 12th and 27th February, 2020 –
i. 2 affidavits by STEPHEN NDEGWA NJAMA, the father of the Subject.
ii. 2 affidavits by MONICA MUMBI NDEGWA, the mother of the Subject.
iii. 2 affidavits by ANN WAMBUI NDEGWA, the only other sibling of the Subject.
4. The following facts emerge from all these affidavits –
i. The Subject is an adult, but he is without spouse or issue.
ii. On 22/07/2016 the Subject was involved in a road traffic accident along the Nanyuki/Nyeri highway. He suffered in the accident severe head/brain injuries for which he was hospitalized at Nanyuki Teaching and Referral Hospitaland Kenyatta National Hospital for a long time.
iii. As a result of the said injuries the Subject is now severely incapacitated both mentally and physically, and is confined to a wheel-chair.
iv. The Subject is thus unable to take care of himself or his affairs as a result of his said mental and physical incapacity.
5. The court had occasion to observe the Subject when he was brought to court on 12/02/2020. Although he was able to answer a few simple introductory questions, it was quite apparent that he cannot take care of himself and his affairs.
6. This court is therefore satisfied that the Subject is suffering from a mental disorder (as a result of the injuries he suffered in the accident) to such an extent as to be incapable of managing his affairs.
7. I will therefore grant prayers (a) and (b) of the petition as prayed. Prayer (c) is misconceived, in that there are rules under the Civil Procedure Rules for the filing of suits on behalf of persons under incapacity which ought to be followed. That prayer is hereby refused. Orders accordingly.
DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF MARCH, 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 12TH DAY OF MARCH, 2020