REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA FAMILY MISC NO. E011 OF 2026 IN THE MATTER PETITIONER OF MUHAMED BARASA HASSAN ……... RULING 1. Before this court is a Petition by the Applicant dated 30 th April, 2026 brought Under Sections 26 and 28 of the Mental Health Act Chapter 248 Laws of Kenya and Order 32 Rule 15 of the Civil Procedure (Amendment) Rules, 2020 seeking the following orders: a) THAT the Petitioner Muhamed Barasa Hassan be appointed Guardian Ad Litem of Charles Wafula Barasa for purposes of filing claim for damages arising out of a road traffic accident that occurred on the 22nd September 2024. b) Costs. c) Any other Order. 2. The Petition is supported by the grounds on the face of it and the affidavit of Muhamed Barasa Hassan sworn on 30th April 2026. 3. Counsel for the Applicant Mr. Bw’onchiri stated that the Petition is exparte wherein and seeks for the Appointment of a Guardian Ad Litem for purposes of filing suit for a victim who sustained serious injuries as a result of a Road Traffic Accident and therefore not able to represent themselves. They have HCFMISC NO. E011 OF 2026 Page 1 of 2
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annexed to their application a Police Abstract as the doctor’s report. He prays that the Application be allowed. The proposed Guardian is the Biological Father of the Victim. 4. I have considered the Application dated 30th April 2026 and the same is now hereby allowed as follows: a) An order be and is now hereby issued appointing the Petitioner Muhamed Barasa Hassan as the Guardian Ad Litem of Charles Wafula Barasa for purposes of filing a claim for damages arising out of a Road Traffic Accident that occurred on the 22 nd September 2024. b) Costs shall be in the cause. c) This file is now hereby closed. Read Dated and Signed at BUNGOMA on 2nd day of July, 2026 E. OMINDE JUDGE HCFMISC NO. E011 OF 2026 Page 2 of 2
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