Mary Ntungire and Another v Dr. Mutambabazi and Others (Miscellaneous Cause No. 40 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for enforcement of fundamental rights seeking release from involuntary psychiatric detention and access to private medical treatment dismissed as overtaken by events after the first applicant was discharged from hospital before the ruling was delivered. Court made no order as to costs.
Outcome
Matter overtaken by events following discharge of first applicant from hospital on 7 April 2025
Facts
On 22 January 2025, the first applicant contacted her brother (second applicant) stating she had been taken to Butabika National Referral Mental Hospital and detained against her will. The second applicant alleged she was detained without consent and denied the right to register him as next of kin, with her estranged husband registered instead. The applicants sought her release and access to private medical treatment in Kenya at their cost. The hospital responded that the first applicant had been previously admitted from 17 July to 11 September 2024, and was readmitted on 23 January 2025 by her husband and two sisters due to mental illness requiring treatment. Family meetings were held on 29 and 31 January 2025 where parties agreed to keep her in the private ward. Before the court could deliver its ruling, the Attorney General informed the court that the first applicant had been discharged on 7 April 2025.
Issues
- Whether the application is properly before the court and whether the applicants are the appropriate parties to the suit.
- Whether the first applicant's right to seek private medical attention of her own choice at her own cost was violated.
- Whether the second respondent denied the right of registration of the second applicant as next of kin.
Orders
- File closed with no order as to costs.
Legislation cited (7)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.