[2022] KEHC 10936 (KLR)
The court found, based on uncontroverted medical evidence from two doctors, that the respondent suffered 100% permanent mental disability following a road accident. The respondent is disoriented, has lost memory, cannot concentrate, and is unable to respond to questions, rendering him incapable of managing his own...
Source-derived case information.
- Citation
- [2022] KEHC 10936 (KLR)
- Parties
- Applicant: EMK; Respondent: GK
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Petition 2 of 2022
- Procedural Posture
- Mental Health Petition / Judgment
- Outcome
- Petition allowed in full.
- Judges
- AN Ongeri
- Legal Topics
- Mental Capacity, Guardianship, Mental Health Act, Legal Incapacity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EMK
Applicant
GK
Respondent
Procedural Posture
Mental Health Petition / Judgment
Legal Issues
- 1 Whether the respondent is a person suffering from mental disorder under section 26 of the Mental Health Act.
- 2 Whether the petitioner should be appointed as legal guardian and manager of the respondent's estate.
- 3 Whether the petitioner should be empowered to represent the respondent in court proceedings.
Ratio Decidendi
The court found, based on uncontroverted medical evidence from two doctors, that the respondent suffered 100% permanent mental disability following a road accident. The respondent is disoriented, has lost memory, cannot concentrate, and is unable to respond to questions, rendering him incapable of managing his own affairs. The Mental Health Act empowers the court to declare such a person as suffering from mental disorder and to appoint a guardian and manager for their person and estate. The petitioner, being the applicant and having provided sufficient evidence, was found suitable for appointment as legal guardian and manager. The court therefore granted all orders sought in the petition,...
Court Disposition
Petition allowed in full.
Orders
- GK is declared a person suffering from mental disorder pursuant to section 26 of the Mental Health Act.
- The petitioner is appointed legal guardian to GK.
Full Case Text
Judgment text and source record
21 paragraphs
EMK v GK (Petition 2 of 2022) [2022] KEHC 10936 (KLR) (20 May 2022) (Judgment)
Neutral citation: [2022] KEHC 10936 (KLR)
Republic of Kenya
In the High Court at Kericho
Petition 2 of 2022
AN Ongeri, J
May 20, 2022
Between
EMK
Petitioner
and
GK
Respondent
Judgment
(1)The petitioner filed this Petition dated 2/3/2022 seeking the following Orders:-(i)That G. K. (the subject) be declared a person suffering from mental disorder pursuant tosection 26 of the Mental Health Act cap 243 Laws of Kenya.(ii)That the petitioner be appointed Legal Guardian to the subject.(iii)That the petitioner be appointed Manager of the estate of the subject Undersection 28 of the Mental Health Act to manage the Estate of the subject including handling his moveable and immoveable property, money, debts and legacies and also have power to execute sign all deeds, titles and instruments relating to any right to any property or giving any right to receive any money or goods.(iv)That thepetitioner be appointed legal guardian to have power to represent the subject in court proceedings.
(2)The Petition is supported by the affidavit of the petitioner dated 2/3/2022 in which he deposed as follows: -(i)That the respondent sustained severe head injuries which resulted in brain damage when he was involved in a road accident on the 6th of September, 2020, along Litein-Sotik road, where he had been knocked down by a motor vehicle belonging to Nehemiah Kimutai Ngeno.(ii)That the respondent has been examined by two medical doctors who have awarded him a permanent mental disability of 100% and the respondent is therefore not mentally fit to manage his affairs, including bringing an action for compensation against the owner of the motor vehicle which caused the accident.(iii)That as a result of the respondent’s mental disability, the petitioner seeks to be appointed as the legal guardian of the respondent, to enable him manage the respondent’s affairs.
(3)Thepetitioner attached two Medical Reports as follows: -(i)A report by Dr Njau J W., a Consultant Psychiatrist dated 17/11/2021 stating that he examined the subject on 17/11/2021 and formed the opinion that he suffers from an array of mental symptoms resulting from head trauma which has resulted to cognitive impairment and behavioural sequence. The Doctor assessed the degree of Permanent Mental Disability at 100%.(ii)A Medical Report by Dr willington K Kiamba dated 23/11/2021 stating that the subject was knocked down by a Motor Vehicle along Litein/Kapkatet Road on 6/9/2020 and was admitted at Litein Hospital in ICU for two weeks and subsequently discharged on none treatment. The Doctor said the subject displays the following disorders:-(1)He is disoriented in time, space and person.(2)He has lost his memory.(3)He cannot concentrate.(4)He cannot respond to questions.
(4)Dr. Kiamba formed the opinion that the subject suffered brain damage due to the accident and this led to psychiatric illness. He is unable to engage in any gainful employment as he is permanently disabled. He assessed degree of disability at 100%.
(5)I have considered the Medical Reports filed in respect of the subject.
(6)I find that this Petition has merit and I allow it in the following terms:(i)That G. K. (the subject) be and is hereby declared a person suffering from mental disorder pursuant tosection 26 of the Mental Health Act cap 243 Laws of Kenya.(ii)Thatthe petitioner be and is hereby appointed Legal Guardian to the subject.(iii)Thatthe Petitioner be and is hereby appointed Manager of the estate of the subject Under section 28 of the Mental Health Act to manager the Estate of the subject including handling his moveable and immoveable property, money, debts and legacies and also have power to Execute sign all deeds, titles and instruments relating to any right to any property or giving any right to receive any money or goods.(iv)That the petitioner be and is hereby appointed legal guardian to have power to represent the subject in court proceedings.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF MAY, 2022A. N. ONGERIJUDGE