In re Guardianship of MM (Patient) (Miscellaneous Application E005 of 2025) [2026] KEHC 3976 (KLR) (25 March 2026) (Ruling) Neutral citation: [2026] KEHC 3976 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA MISCELLANEOUS APPLICATION E005 OF 2025 GL NZIOKA, J MARCH 25, 2026 IN THE MATTER OF MM (PATIENT) BETWEEN TN ............................................................................................................... APPLICANT AND MM ................................................................................................................... PATIENT RULING 1. 2. By a Notice of Motion application dated 16th May 2025, brought under the provisions of Order 32 Rule 15 of the Civil Procedure Rules 2010, Rule 3 (2) of the High Court Practice and Procedure Rules, Section 1A, 1B, 3A and 63e of Civil Procedure Act and all other neighboring provisions of the law. The applicant is seeking for the following orders: a. Spent b. That Muya Mathungu be declared to be suffering from a mental infirmity as defined under Order 32, Rule 15 of the Civil Procedure Rules 2010. c. That the Honorable Court be pleased to appoint TN the applicant herein as the guardian ad litem of MM, (the patient) herein suffering from mental infirmity for purpose of instituting compensatory suit at the Chief Magistrate's Court at Naivasha. d. An order do issue to adjudicate that the patient MM is not fit to prosecute the intended compensatory suit due to his mental infirmity. e. The cost of the application be provided for. The application is based on the grounds thereto and the affidavit of the even date and further affidavit dated 11th June, 2025 sworn by the applicant. She avers that she is the wife of the patient. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3976/eng@2026-03-25 1
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3. That the patient was involved in a road accident on 14th July 2023 wherein he was hit by motor vehicle registration number KCQ 602Q while lawfully and carefully walking off the road along NairobiNaivasha Highway. That after the occurrence of the accident, the patient was treated at Naivasha County Hospital then transferred to Kenyatta National Hospital where he was admitted for ten (10) days and later discharged. 4. That subsequently, he was treated at Mama Lucy Hospital and the Kangundo Level 4 Hospital. That on 30th January, the firm of Musyoka & Mutinda Advocates received instructions to institute a compensatory suit on the patient's behalf. 5. That on the same day, the patient was examined by Dr. Jacks Nthanga who prepared his medical report and noted that the patient was unable to ambulate, feed himself, unable to talk, could not hold any object, nor understand the surroundings and that he had suffered 90% total incapacity. 6. That over time, the relatives have reported progressive deterioration to the effect that the patient cannot effectively communicate. That by virtue of the mental infirmity, the patient is incapable of protecting his interest in the intended compensatory suit. 7. As such it is only fair and equitable for the applicant to be appointed the guardian for purposes of instituting of the suit on behalf of the patient. 8. The application was considered and the court requested for a further medical record and consent to the applicant to be granted the orders sought. By the further affidavit a medical report dated 9th June 2025 and signed consents were availed. 9. The application is considered in the light of the Order 32 Rule 15 which states that: “ The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interests when suing or being sued." 10. The application is considered in the light of the material before the court and found to have merit. It is allowed as prayed. DATED, DELIVERED AND SIGNED ON THIS 25TH DAY OF MARCH, 2026. GRACE L. NZIOKA JUDGE In the presence of; Ms. Muthoki for the Applicant. Ms. Hannah: Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3976/eng@2026-03-25 2
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