In re SRW (Subject) [2025] KEHC 6090 (KLR)

In re SRW (Subject) (Miscellaneous Case E018 of 2025) [2025] KEHC 6090 (KLR) (13 March 2025) (Ruling)

Neutral citation: [2025] KEHC 6090 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Case E018 of 2025

JM Omido, J

March 13, 2025

IN THE MATTER OF AN APPLICATION FOR AN APPOINTMENT OF GUARDIAN AND NEXT FRIED OF SRW BY EMN………………………………………APPLICANT

In the matter of

EMN

Applicant

(IN THE MATTER OF AN APPLICATION FOR AN APPOINTMENT OF GUARDIAN AND NEXT FRIED OF SRW BY EMN………………………………………APPLICANT)

Ruling

1. I have considered the application dated 6/2/25, the affidavit in support thereof and the information given by the Applicant to her 2 siblings upon examination by the court on 27/2/25.

2. I have further considered the medical report dated 19/2/25 annexed to the Applicant’s affidavit.

3. It is apparent that GKN, a sibling of the Applicant has expressed himself that he has no interest in this matter, as per the information from the process server, Geofrey Masinde Sitati.

4. The foregoing being the position, I am satisfied that SRW is of unsound mind resulting from mental illness and is therefore unfit and incapable to manage her affairs as a result.

5. To that end, the Applicant EMN is hereby appointed as guardian ad litem and next friend of SRW and shall have authority to manage the affairs of SRW, including but not limited to running/operating/transacting on her bank account No. 00XXXXXXXX held at Absa Bank, Kitale Branch.

6. Orders accordingly.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 13TH DAY OF MARCH, 2025. JOE M. OMIDOJUDGEFor Applicant: Mr. Ngala.Court Assistants: Mr. Ngoge & Mr. Juma.Court: File closed.