[1] The Notice of Motion dated 16 th June 2026 was filed by Hellen Kemuma Amima (hereinafter, “the applicant’), under Section 26 and 28(1) of the Mental Health Act, Cap 248, Sections 1 and 3A of the Civil Procedure Act, Cap 21, as well as Order 32 Rule 12 and Order 51 Rule 22 of the Civil Procedure Rules for orders that:
[a] Spent
[b] The applicant, Hellen Kemuma Amima, be appointed as the
Guardian Ad Litem for the subject, Samwel Momanyi Oyieyo.
[c] The applicant, Hellen Kemuma Amima, be appointed as the manager of the estate of the subject, Samwel Momanyi Oyieyo.
[d] There be no order as to costs.
[2] The application is predicated on the grounds that the subject, Samwuel Momanyi Oyieyo, is suffering from mental illness and is therefore unable to manage his affairs. The applicant, who is the wife of the subject, relied on her Supporting Affidavit sworn on 16 th June 2026 in which she averred that the subject has been diagnosed with dementia and is therefore not in a position to manage his affairs. She further averred that the subject had instituted Kapsabet Environment and Land Case No. E005 of 2024 but is now not in a position to continue prosecuting the case because of his mental state. She annexed copies of their Certificate of Marriage as well as a doctor’s report to confirm that the subject is indeed suffering from mental impairment. The applicant also annexed a copy of the Plaint filed in Kapsabet Environment and Land Case No. E005 of 2024 , confirming that the subject is the plaintiff in that suit.
[3] Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the documents 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 Environment and Land Case No. E005 of 2024 .
[4] Accordingly, the Notice of Motion dated 16 th June 2026 is hereby allowed and orders granted as follows:
[a] That Hellen Kemuma Amima , the applicant herein, be and is hereby appointed as the Guardian Ad Litem for the subject, Samwuel Momanyi Oyieyo and as the Manager of his estate pursuant to Section 27 of the Mental Health Act.
[b] That there be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 24 TH DAY OF JUNE 2026
[a] Spent
[b] The applicant, Hellen Kemuma Amima, be appointed as the
Guardian Ad Litem for the subject, Samwel Momanyi Oyieyo.
[c] The applicant, Hellen Kemuma Amima, be appointed as the manager of the estate of the subject, Samwel Momanyi Oyieyo.
[d] There be no order as to costs.
[2] The application is predicated on the grounds that the subject, Samwuel Momanyi Oyieyo, is suffering from mental illness and is therefore unable to manage his affairs. The applicant, who is the wife of the subject, relied on her Supporting Affidavit sworn on 16 th June 2026 in which she averred that the subject has been diagnosed with dementia and is therefore not in a position to manage his affairs. She further averred that the subject had instituted Kapsabet Environment and Land Case No. E005 of 2024 but is now not in a position to continue prosecuting the case because of his mental state. She annexed copies of their Certificate of Marriage as well as a doctor’s report to confirm that the subject is indeed suffering from mental impairment. The applicant also annexed a copy of the Plaint filed in Kapsabet Environment and Land Case No. E005 of 2024 , confirming that the subject is the plaintiff in that suit.
[3] Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the documents 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 Environment and Land Case No. E005 of 2024 .
[4] Accordingly, the Notice of Motion dated 16 th June 2026 is hereby allowed and orders granted as follows:
[a] That Hellen Kemuma Amima , the applicant herein, be and is hereby appointed as the Guardian Ad Litem for the subject, Samwuel Momanyi Oyieyo and as the Manager of his estate pursuant to Section 27 of the Mental Health Act.
[b] That there be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 24 TH DAY OF JUNE 2026