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JudgmentJOYCE WANJUGU KAMUNYA AND DUNCAN GIKONYO KAMUNYA AND 2 Others VS HEZRON KAMUNYA RITUNGA AND PETERSON NDUNDU GIKONYO1 min read

JOYCE WANJUGU KAMUNYA AND DUNCAN GIKONYO KAMUNYA AND 2 Others VS HEZRON KAMUNYA RITUNGA AND PETERSON NDUNDU GIKONYO

High Court at Mombasa High Court · · Gregory Mutai

1. Before me is a Notice of Motion application dated 10th February 2025, vide which the applicant seeks various orders among which is for grant of interim custody over the patient. The application is supported by the annexed affidavit of Hezron Ritunga and several annexures attached thereto. 

2. I have considered the said application. Given the fact that the factual basis of the said application is disputed, I order as folows:- 

    a. The Director of Social Services Nyandarua County/Laikipia County to conduct a social enquiry by paying a visit to the home of Hezron Kamunya         Ritunga to establish the suitability of his home to host a patient of advanced age suffering from mental illness, the availability of caregiving services and family support, the presence of appropriate medical and pharmaceutical services within a short distance from his home, the weather of the locality he resides in, and whether such weather is good/bad for the patient, his work/family commitment and other relevant information, and to write and file the requisite report within 10 days of the date hereof; 

b. The Director of Social Services Kwale County to conduct a social enquiry by paying a visit to the home of Duncan Gikonyo Kamunya to establish the suitability of his home to host a patient of advanced age suffering from mental illness, the availability of caregiving services and family support, the presence of appropriate medical and pharmaceutical services within a short distance from his home, the weather of the locality he resides in, and whether such weather is good/bad for the patient, his work/family commitment and other relevant information, and to write and file the requisite report within 10 days of the date hereof;

3. As the matter already has a hearing date, which is two weeks, more or less, from the date hereof, varying custody of the patient at this point will not be helpful. I, therefore, decline to grant any orders regarding the said application, save for those that I have granted. 

4. Hearing will, therefore, proceed as scheduled on 25th February 2025.