[2025] KEHC 4519 (KLR)
The court found that the medical evidence, particularly the report from Holland Bloorview Kids Rehabilitation Hospital, established that MSM suffered a perinatal hypoxic ischemic injury resulting in mental disorder. Given the familial relationship and the mother's consent, the court determined that HSM is a suitable...
Source-derived case information.
- Citation
- [2025] KEHC 4519 (KLR)
- Parties
- Applicant: HSM; Respondent: MSM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E240 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling
- Outcome
- Petition allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Mental Health Guardianship, Appointment of Guardian, Mental Disorder Declaration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HSM
Applicant
MSM
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling
Legal Issues
- 1 Whether MSM should be adjudged a person suffering from mental disorder under section 26 of the Mental Health Act.
- 2 Whether HSM should be appointed as guardian and manager of MSM under the Mental Health Act.
Ratio Decidendi
The court found that the medical evidence, particularly the report from Holland Bloorview Kids Rehabilitation Hospital, established that MSM suffered a perinatal hypoxic ischemic injury resulting in mental disorder. Given the familial relationship and the mother's consent, the court determined that HSM is a suitable person to be appointed as guardian and manager of MSM under the Mental Health Act. The petition was therefore meritorious and allowed as prayed.
Court Disposition
Petition allowed as prayed.
Orders
- A declaration is made that MSM is adjudged to be a person suffering from mental disorder under section 26 of the Mental Health Act Cap 248.
- HSM is appointed guardian and manager of MSM in accordance with the Mental Health Act Cap 248 with powers to sign, access, withdraw, execute and carry out any act incidental to the affairs of MSM.
Full Case Text
Judgment text and source record
22 paragraphs
HSM v MSM (Family Miscellaneous Application E240 of 2024) [2025] KEHC 4519 (KLR) (Family) (8 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4519 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Family Miscellaneous Application E240 of 2024
HK Chemitei, J
April 8, 2025
Between
HSM
Petitioner
and
MSM
Subject
Ruling
1. In her petition dated 18th October 2024 the petitioner seeks orders that:-(a)A declaration that MSM be and is hereby adjudged to be a person suffering from mental disorder under section 26 of the Mental Health Act Cap 248. (b)This court be pleased to appoint HSM guardian and manager of Mr. MSM in accordance with the mental Health Act Cap 248 with powers to sign, access, withdraw, execute and or carry out any act incidental to the affairs of the subject.(c)Costs be provided.
2. The petition is based on the affidavits of the Applicant and one ZMI sworn on the same dates.
3. The petitioner is the sister to the subject whereas Z is the mother who has consented to the petitioner being appointed the subject guardian.
4. The court has perused the said affidavits as well as the medical reports on record in particular that of Holland Bloorview Kids Rehabilitation Hospital dated 20th February 2014 which appears comprehensive. The report shows that the subject suffered some injury during birth, “perinatal hypoxic ischemic injury.”
5. In view of the said report and the relationship between the petitioner and the subject the court finds the petition meritorious and it is hereby allowed as prayed.
Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 8TH DAY OF APRIL, 2025. H K CHEMITEIJUDGE