In re Application for Guardianship Ad Litem in the Matter of DC (Family Miscellaneous Civil Case E008 of 2025) [2025] KEHC 14237 (KLR) (13 October 2025) (Ruling)
Neutral citation:
[2025] KEHC 14237 (KLR)
Republic of Kenya
Family Miscellaneous Civil Case E008 of 2025
LN Mutende, J
October 13, 2025
In the matter of
JJC
Applicant
Ruling
1.D.C., is a Defendant as well as a Plaintiff by way of counterclaim in Nyahururu MCELC 23 of 2020; Ibrahim Macharia Mwangi & David Maina Waigwa -v- D.C. He underwent abdominal surgery for intestinal obstruction in 2011 at Nairobi Hospital after which he suffered Malabsorption Syndrome. In the year 2014 he was diagnosed with Thyrotoxicosis (hyperthyroidism) and in 2020 he developed lapses of memory which has worsened over time. This culminated into severe episode of memory loss with loss of balance and weakness of the right side of the body whereby the neurosurgeon has recommended a shunting procedure.
2.In 2025 D.C. was diagnosed with polyarthritis and mild cognitive impairment/dementia which has resulted into being disoriented in time and he has memory impairment resulting into statutory inappropriate words.
3.For the foregoing reasons, through a Notice of Motion dated 16th July, 2025 his nuclear family consisting of his wife R.S.C., Son K.Y. and daughters A.E.C., D.J.C., G.J. and W.C. agree and have signed written consents for J.J.C. to be appointed as the guardian ad-litem of D.C. for purposes of being substituted as the Defendant/Plaintiff by way of counterclaim in Nyahururu MC ELC 23 of 2020.
4.In the cause of hearing of the application virtually, the Subject was produced and being examined by the court it was apparent that he could not comprehend or express himself appropriately.
5.The mental health as envisaged by the Mental Health Act includes the capacity of a person to make decisions and even give consent.
6.In the affidavit in support of the application it is averred that the Subject aged 77 years is not time oriented which is associated with mental health challenges. He has memory impairment which affects his quality of life per the report from Dr. Stephen Kalya, the Consultant Physician, Baringo Referral Hospital and Dr. Chrispine Owuor Odour of Eldoret Hospital confirm the fact of the Subject having dementia where memory loss is a primary feature hence falling under the Mental Health Act.
7.In the premises, I find the application being meritorious and make orders thus;a.The Subject being categorized as a person falling under Section 26 of the Mental Health Act, J.J.C. be and is hereby appointed as the guardian ad-litem of D.C.b.This order shall be limited to substituting J.J.C. as the Defendant (Plaintiff by way of counterclaim in Nyahururu MC ELC 23of 2020).
8.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 13TH DAY OF OCTOBER, 2025.……………………L.N. MUTENDEJUDGE