[2023] KEHC 2084 (KLR)
The court found, based on the medical assessment report, family meeting minutes, and the chief's letter, that RCK suffers from a mental disorder and is incapable of managing his own affairs. The court further noted that all relevant family members had consented to the appointment of EJC as guardian ad litem. The...
Source-derived case information.
- Citation
- [2023] KEHC 2084 (KLR)
- Parties
- Applicant: EJC; Respondent: RCK
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E006 of 2022
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- petition allowed
- Judges
- RB Ngetich
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EJC
Applicant
RCK
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether RCK should be adjudged a person with mental disorder under the Mental Health Act.
- 2 Whether EJC should be appointed as guardian ad litem to manage RCK's estate and affairs.
- 3 Whether the management of RCK's property, including bank accounts and land, should be entrusted to EJC.
Ratio Decidendi
The court found, based on the medical assessment report, family meeting minutes, and the chief's letter, that RCK suffers from a mental disorder and is incapable of managing his own affairs. The court further noted that all relevant family members had consented to the appointment of EJC as guardian ad litem. The statutory requirements under the Mental Health Act were satisfied, and it was in the interest of justice and the welfare of RCK that EJC be appointed to manage his estate, with specific limitations on the management of land (no disposal) and a requirement for periodic account statements. The orders were therefore granted as sought in the petition.
Court Disposition
petition allowed
Orders
- RCK is declared a person with mental disorder.
- EJC is appointed as guardian ad litem to manage the estate of RCK.
Full Case Text
Judgment text and source record
27 paragraphs
EJC v RCK (Miscellaneous Application E006 of 2022) [2023] KEHC 2084 (KLR) (14 March 2023) (Judgment)
Neutral citation: [2023] KEHC 2084 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Miscellaneous Application E006 of 2022
RB Ngetich, J
March 14, 2023
Between
EJC
Petitioner
and
RCK
Interested Party
Judgment
1. The Petitioner EJC filed petition dated December 20, 2022 brought under sections 26, 28(1) and 28(2) of the Mental Health Act Cap 248 (Laws of Kenya) seeking orders to have the subject RCK adjudged as person with mental disorder and to be appointed as guardian Ad Litem to manage the subject’s estate. The properties to be managed include Standard Chartered Bank Account No 01501811xxxxx and subject’s land.
2. Medical Assessment Report dated September 6, 2022 prepared by Leah Sumukwo Psychiatry Clinical Officer from Baringo Sub-County Hospital has been attached to the petition. It confirms that the subject RCK is a person with mental disorder.
3. The petitioner also attached minutes of a meeting held on September 3, 2022 by the family members. I note that the family members include the subject’s children listed in the petition. They resolved that the petitioner herein EJC be appointed to help the subject RCK in accessing funds at Standard Bank Account No 01501811xxxxx.
4. The Petitioner has also attached a Letter from Chief Kiboino Location. The Chief indicated that the subject who is a retired KDF Officer was well until 5 years ago when he developed memory loss which has continued to worsen.
5. The deceased’s children and/or representatives have attended court to confirm that they have consented to the petitioner managing the estate/affairs of the subject RCK .
6. From the foregoing there is confirmation that the subject RCK suffers from mental disorder and is not able to manage his affairs. It would be in the interest of justice to appoint his daughter EJC, the Petitioner herein to manage his affairs. I therefore proceed to allow the petition and make orders as set out hereunder.
Final orders: 1. I hereby declare that the subject RCK is a person with mental disorder.
2. I hereby appoint EJC as guardian Ad Litem to manage the estate of RCK .
3. EJC is authorised to operate the account No 01501811xxxxx Standard Chartered Bank of the subject RCK .
4. The funds in the account to be managed for the benefit of the subject RCK .
5. The authority granted to EJC in respect to Land is Limited to management and not disposal.
6. Periodic statement of accounts to be filed as required by statute.
DATED, SIGNED AND DELIVERED AT KABARNET THIS 14THDAY OF MARCH, 2023. RACHEL NGETICHJUDGEIn the presence of:Mr. Kemboi – Court Assistant.Mr. Kiptoo – Counsel for the Petitioner.