[2025] KEHC 6090 (KLR)
The court found, based on the medical report and affidavit evidence, that SRW is of unsound mind and incapable of managing her affairs. There was no objection from any interested party, including the sibling GKN. The court was satisfied that the applicant, EMN, met the legal requirements for appointment as guardian...
Source-derived case information.
- Citation
- [2025] KEHC 6090 (KLR)
- Parties
- Applicant: EMN; Respondent: SRW
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E018 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Appointment of Guardian and Next Friend
- Outcome
- application granted
- Judges
- JM Omido
- Legal Topics
- Guardianship of Persons of Unsound Mind, Appointment of Guardian Ad Litem
- 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
EMN
Applicant
SRW
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Guardian and Next Friend
Legal Issues
- 1 Whether SRW is of unsound mind and incapable of managing her affairs.
- 2 Whether EMN should be appointed as guardian ad litem and next friend of SRW.
Ratio Decidendi
The court found, based on the medical report and affidavit evidence, that SRW is of unsound mind and incapable of managing her affairs. There was no objection from any interested party, including the sibling GKN. The court was satisfied that the applicant, EMN, met the legal requirements for appointment as guardian ad litem and next friend under the Mental Health Act. Accordingly, the court exercised its discretion to appoint EMN as guardian ad litem and next friend of SRW, granting her authority to manage SRW's affairs, including operating her bank account.
Court Disposition
application granted
Orders
- EMN is appointed as guardian ad litem and next friend of SRW.
- EMN is authorized to manage the affairs of SRW, including operating/transacting on her bank account No. 00XXXXXXXX at Absa Bank, Kitale Branch.
Full Case Text
Judgment text and source record
20 paragraphs
In re SRW (Subject) (Miscellaneous Case E018 of 2025) [2025] KEHC 6090 (KLR) (13 March 2025) (Ruling)
Neutral citation: [2025] KEHC 6090 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case E018 of 2025
JM Omido, J
March 13, 2025
IN THE MATTER OF AN APPLICATION FOR AN APPOINTMENT OF GUARDIAN AND NEXT FRIED OF SRW BY EMN………………………………………APPLICANT
In the matter of
EMN
Applicant
(IN THE MATTER OF AN APPLICATION FOR AN APPOINTMENT OF GUARDIAN AND NEXT FRIED OF SRW BY EMN………………………………………APPLICANT)
Ruling
1. I have considered the application dated 6/2/25, the affidavit in support thereof and the information given by the Applicant to her 2 siblings upon examination by the court on 27/2/25.
2. I have further considered the medical report dated 19/2/25 annexed to the Applicant’s affidavit.
3. It is apparent that GKN, a sibling of the Applicant has expressed himself that he has no interest in this matter, as per the information from the process server, Geofrey Masinde Sitati.
4. The foregoing being the position, I am satisfied that SRW is of unsound mind resulting from mental illness and is therefore unfit and incapable to manage her affairs as a result.
5. To that end, the Applicant EMN is hereby appointed as guardian ad litem and next friend of SRW and shall have authority to manage the affairs of SRW, including but not limited to running/operating/transacting on her bank account No. 00XXXXXXXX held at Absa Bank, Kitale Branch.
6. Orders accordingly.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 13TH DAY OF MARCH, 2025. JOE M. OMIDOJUDGEFor Applicant: Mr. Ngala.Court Assistants: Mr. Ngoge & Mr. Juma.Court: File closed.