In re DM (Subject) (Miscellaneous Civil Application E025 of 2026) [2026] KEHC 8852 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8852 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPSABET MISCELLANEOUS CIVIL APPLICATION E025 OF 2026 OA SEWE, J JUNE 23, 2026 IN THE MATTER OF DM (SUBJECT) AND IN THE MATTER OF AN APPLICATION FOR APPOINTMENT OF A GUARDIAN AD LITEM IN THE MATTER OF GC ............................................................................................................... APPLICANT RULING 1. (1) The Notice of Motion dated 12th June 2026 was filed by GC (hereinafter, “the applicant’), under Section 26 and 28(1) of the Mental Health Act, Cap 248, Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21, as well as Order 32 Rule 12, Order 51 Rule 22 of the Civil Procedure Rules for orders that: (a) Spent (b) The Court be pleased to order and direct that DM be adjudged mentally unstable, she having been diagnosed with dementia due to major non-cognitive disorder. (c) GC, the applicant be appointed as the next friend and Guardian Ad Litem for the said DM. (d) GC be allowed to substitute and replace DM as the 1st defendant in Eldoret Environment and Land Court Case No. E081 of 2025. (e) Costs of the application be provided for. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8852/eng@2026-06-23 1
page 1 of 2
2. The application is predicated on the grounds that the subject, DM, is aged and has been unwell to the extent that she is currently having a challenge with her memory due to dementia. The applicant, who is a daughter to the subject, further averred that due to the disorder, the subject is incapable of managing her affairs, including representing herself in Eldoret Environment and Land Case No. E081 of 2025 which is scheduled for hearing on 20th July 2026. 3. In support of the application the applicant relied on her affidavit sworn on 12th June 2026 and the documents annexed thereto. The annexures include a Medical Report by Dr. Chelagat Saina, a Psychiatrist, confirming that the subject had been diagnosed with dementia and had a challenge with her memory and decision-making and therefore incapable of managing her own affairs. 4. Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the documents exhibited by the applicant, I am satisfied that the subject is indeed suffering from dementia and therefore is unable to manage her own affairs. I am further satisfied that, in the condition disclosed herein, she is not in a position to represent herself or prosecute Eldoret Environment and Land Case No. E081 of 2025. However, the question of the joinder of the applicant in that suit is not a matter for this Court to determine. It is a matter within the purview of the Eldoret Environment and Land Court. 5. Accordingly, the Notice of Motion dated 12th June 2026 is hereby allowed and orders granted as follows: (a) That DM be and is hereby adjudged mentally unstable, having been diagnosed with dementia due to major non-cognitive disorder. (b) GC, the applicant, be and is hereby appointed as the Guardian Ad Litem for the said DM and the Manager of her estate pursuant to Section 27 of the Mental Health Act. (c) That there be no order as to costs. It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 23RD DAY OF JUNE 2026 ............................. HON. OLGA SEWE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8852/eng@2026-06-23 2
page 2 of 2