In re DKS (A Person Sufiering From Mental Inffrmity) (Miscellaneous Civil Case E024 of 2026) [2026] KEHC 10942 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10942 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPSABET MISCELLANEOUS CIVIL CASE E024 OF 2026 OA SEWE, J JULY 8, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT, CAP 248 OF THE LAWS OF KENYA AND IN THE MATTER OF DAVID KIPKEMEI SANGA, A PERSON SUFFERING FROM MENTAL INFIRMITY AND AN APPLICATION FOR APPOINTMENT OF A GUARDIAN AD LITEM IN THE MATTER OF JKK ............................................................................................................. APPLICANT RULING 1. The Notice of Motion dated 9th May 2026 was filed by Joel Kiplagat Kemei (hereinafter, “the applicant’), under Section 26, 27 and 28 of the Mental Health Act, Cap 248, Sections 1 and 3A of the Civil Procedure Act, Cap 21, as well as Order 51 of the Civil Procedure Rules for orders that: (a) Spent (b) The Court be pleased to declare that David Kipkemei Sanga is suffering from mental infirmity and is incapable of managing his own affairs. (c) The Court be pleased to appoint the applicant, Joel Kiplagat Kemei, as the guardian of the said David Kipkemei Sanga https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10942/eng@2026-07-08 1
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(d) The Court be pleased to appoint the applicant as th elegal representative of the said David Kipkemei Sanga in the Succession Cause No. 65 of 2021 and any other cause that may arise pertaining to the estate of David Kipkemei Sanga. (e) The costs of the application be in the cause. (2) The application was premised on the grounds that the subject is elderly and is suffering from mental infirmity; and that due to his condition he is unable to make sound decisions or manage his affairs. The applicant further averred that the subject requires continuous care, supervision and assistance and that it is in his best interest that a guardian be appointed to take care of his interests. The applicant also stated that the application has been made in good faith. (3) In his Supporting Affidavit, the applicant averred that he is the son of the subject who is now 96 years old. He also deposed that the subject experiences memory loss and confusion and has therefore been under his care and protection because of inability to make rational decisions. He annexed a copy of the Medical Report prepared by the Ag. Medical Officer in Charge of Moi Teaching and Referral Hospital dated 7th May 2026 which confirms. Inter alia, that the subject has amnesia for which he is currently on follow up. (4) Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the document exhibited by the applicant, I am satisfied that the subject is indeed suffering from mental impairment and therefore is unable to manage his affairs. I am further satisfied that, in the condition disclosed herein, he is not in a position to prosecute Kapsabet Succession Cause No. 65 of 2021. (5) Accordingly, the Notice of Motion dated 9th May 2026 is hereby allowed and orders granted as follows: (a) It is hereby declared that David Kipkemei Sanga is suffering from mental infirmity and is incapable of managing his own affairs. (b) The applicant, Joel Kiplagat Kemei, be and is hereby appointed as a Guardian Ad Litem and Manager of the Estate of the said David Kipkemei Sanga. (c) There be no order as to costs. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT KAPSABET THIS 8TH DAY OF JULY 2026 ………………………………………… HON. OLGA SEWE JUDGE 2| Page HCCCMISC. NO. E024 OF 2026 RULING https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10942/eng@2026-07-08 2
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