High Court 6109 of 2026

e. That any further or other relief and order that the Honourable Court may deem fit to give in the circumstances f. That the costs of this application be in the cause. 2. The application is supported by an affidavit sworn by the applicant, who has stated therein that she is the daughter of the Subject. 3. The Applicant stated that she holds a duly executed Power of Attorney dated 18th May, 2021 granted by the subject and the same was attached to the application. The power of attorney authorizes the Applicant to manage the Subject’s personal, medical, financial and legal affairs, demonstrating prior entrustment and the subject’s intention that she acts on her behalf. 4. According to the Applicant and medical records, Dr Mary at Cedars-Sinai Medical Group, the Subject has been unwell for the past three (3) years, having been diagnosed with dementia, which significantly impairs her memory, judgment and ability to communicate or participate in litigation. 5. The Applicant avers that the subject filed Civil Case MCCC/XXX/2024 against the Defendants seeking damages under the Occupation Liability Act Cap 34. The matter came up for hearing of 18th November, 2025 before Hon. A. Nyoike (SPM); however, the hearing could not proceed as the Subject’s advocate on record was compelled to seek an adjournment in order to file the present application, the Subject being medically unfit and unable to testify. 6. The Applicant further states that she seeks a judicial inquiry under Order 32 Rule 15 and that she is willing and suitable to act as her Guardian ad litem/next friend in Civil Case MCCC/XXX/2024 in order to protect the Subject’s interests in the case. 7. That the Applicant’s Power of Attorney was issued in the U.S., where they all reside. The Applicant notified the Court that she is the Subject’s primary caregiver. She appeared alongside her siblings, MG and RG who also addressed the court and consented to the applicant being appointed as the subject’s guardian. 8. The applicant and her sister explained to the Court that the defendants in Civil Case MCCC/ XXX/2024 were hosting the Subject at their residence, where she sustained injuries. The counsel submitted that Civil Case MCCC/XXX/2024 is coming up on 22nd May, 2026 and has presented the IDs and pleadings in that matter. Issues 9. The court has considered the application and the evidence on record. The issues for determination before this court are as follows: i. Whether the subject should be declared as suffering from mental illness. ii. Whether the applicant should be appointed Guardian ad litem/ next friend of the subject as prayed. Analysis 10. The applicant seeks to be appointed as Guardian ad litem/ next friend of MJ for purposes of representing and protecting her interests in Civil Case No. MCCC/XXX/2024 - MJ v. Pamela AAchieng - currently pending before the Chief Magistrates Court, Milimani Commercial Courts as owing to her illness, she can no longer manage her affairs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6109/eng@2026-04-28 2

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Whether the subject should be declared as sufiering from a mental illness pursuant to the Mental Health Act, Cap 248 11. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person suffering from mental illness” as follows: -“person suffering from mental illness” means a person who has been found to be so suffering under this Act and includes a person diagnosed as psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse.” 12. The Applicant stated that her mother is incapable of managing herself, her affairs and that unless the Applicant is appointed as Guardian Ad litem/Next Friend for purposes of prosecuting case number MCCC/XXX/2024 the Subject’s interests will remain unprotected and she will suffer damage and loss. The Subject relies fully on the Applicant to take care of her. 13. The Court has noted the medical documentation presented in the petition indicating a diagnosis of dementia, manifested by deficits in short-term memory and executive function. The Court is satisfied on the evidence presented that the subject is a person suffering from a mental illness. Whether the applicant should be appointed Guardian ad litem/ next friend of the subject as prayed. 14. From the certificate of urgency, the matter is urgent, as it seeks the appointment of a Guardian Ad Litem/Next Friend to represent the plaintiff in Case Number MCCC/XXX/2024 coming up in May, 2026. The subject is unable to protect her legal interests and urgently requires representation to avoid prejudice in the ongoing suit. 15. The application is unopposed. 16. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held: “This Court has power to appoint guardian and managers of the estate while the Court has discretion as to who to appoint. The criteria for selection is based on proximity of the Applicant to the Subject.” 17. It is also noted that the Court in In re BWG (Mental) [2021] eKLR (Muchemi J.) allowed an application for legal guardian for a subject who suffered from acute dementia and hypertension and held; “ I am satisfied that the Applicant has established that the subject is unable to manage her affairs both physically and mentally and that she suffers from acute dementia, hypertension and other ailments. Being a daughter of the subject, the Applicant is a close relative thus satisfying the requirement of the Mental Health Act. She is also mentally, physically and financially able to provide for her mother and to take care of her.” 18. The Court is satisfied of the close relation of the applicant to the Subject as her daughter, and that the prayers sought in this application are deserved and should be granted. Orders: 19. Accordingly, for the reasons set out above, the application dated 10th December, 2025 is allowed in terms that: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6109/eng@2026-04-28 3

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20. a. That the Subject, MJ alias MSJ, is declared as a person suffering from mental illness as defined in the Mental Health Act Cap 248, Laws of Kenya. b. That Linda Sauer is appointed as Guardian Ad Litem/Next Friend of the Subject for purposes of representing the Subject in Case Number MCCC/XXX/2024. g. That the costs of this application be in the cause. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 28TH DAY OF APRIL ,2026. ………………………. C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Mr. Kamwara for the Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6109/eng@2026-04-28 4

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