RA (Acting on Her Own Behalf and on Behalf of SOO) & another v Holy Ghost Coptic Church of Africa & 6 others; National Council for Persons With Disabilities & another (Interested Parties) (Petition 23 of 2018) [2020] KEHC 9230 (KLR) (22 October 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9230
- Citation
- [2020] KEHC 9230 (KLR)
- Decided
- 22 October 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court at KisumuCoramTW CHERERE
Holding
The court found that the 4th and 5th Respondents provided medical support and facilities for persons who suffer from mental illness, including SOO.
Facts
SOO, the son of RA, was born on 03.09.1999. As at July, 2017, he was in form 4 and was taken to the 1st Respondent by the 3rd Respondent, who was 2 months short of his 18th birthday. He remained in the custody of the 1st and 2nd Respondents until May, 2019.
Issues
- Whether the Petitioner's fundamental rights under the Constitution were violated by the Respondents.
- Whether the Respondents provided medical support and facilities for SOO's treatment for acute psychotic episode.
Reasoning
The court considered the pleadings and submissions, and the authorities cited, to determine if the Petitioner's fundamental rights were violated. The court found that the 4th and 5th Respondents provided medical support and facilities for SOO's treatment.
Outcome
The court found in favor of the 4th and 5th Respondents.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Mental Health Act Cap 248 Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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