Wagude v Otolo [2024] KEHC 7566 (KLR) | Incapacitated Persons | Esheria

Wagude v Otolo [2024] KEHC 7566 (KLR)

Full Case Text

Wagude v Otolo (Family Miscellaneous Application E003 of 2024) [2024] KEHC 7566 (KLR) (19 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7566 (KLR)

Republic of Kenya

In the High Court at Siaya

Family Miscellaneous Application E003 of 2024

DO Ogembo, J

June 19, 2024

Between

Ruth Atieno Wagude

Appellant

and

Andrew John Demba Otolo

Respondent

Ruling

1. I have considered this application and the Affidavit in support of the same. I have also observed the subject who obviously is incapacitated. The medical report attached and dated 17/11/2022 confirms his medical condition. The letter of the Chief, dated 7/5/2022, similarly captures the condition of the subject.

2. The applicant, Ruth Atieno Wagude, Identity Number 3884769 and subject’s brother, Andrew John Demba Otolo, Identity Number 1689182 are both present in court. Both are in support of this application.

3. In the circumstances, I allow the application dated 3/6/2024 as prayed in prayers 2, 3 and 4. Costs of this application to be in the cause.

DATED, SIGNED AND DELIVERED THIS 19THDAY OF JUNE, 2024. D. O. OGEMBOJUDGE19/6/2024