[2024] KEHC 15383 (KLR)
The court found that the applicant had complied with all statutory requirements under the Mental Health Act for extension of guardianship. Updated medical evidence confirmed that the subject, CNM, remained significantly incapacitated and unable to manage her affairs due to worsening dementia. The applicant provided...
Source-derived case information.
- Citation
- [2024] KEHC 15383 (KLR)
- Parties
- Applicant: SKW; Subject: CNM
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E066 of 2023
- Procedural Posture
- Family Miscellaneous Application / Ruling on Extension of Guardianship
- Outcome
- application for extension of guardianship granted
- Judges
- JM Nang'ea
- Legal Topics
- Guardianship of Adults, Mental Incapacity, Court Appointed Guardians, Medical Evidence in Family Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKW
Applicant
CNM
Subject
Procedural Posture
Family Miscellaneous Application / Ruling on Extension of Guardianship
Legal Issues
- 1 Whether the applicant has complied with the requirements for extension of guardianship under the Mental Health Act.
- 2 Whether the subject remains incapable of managing her affairs due to mental incapacity.
- 3 Whether the applicant has properly managed the subject's financial affairs during the initial guardianship period.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements under the Mental Health Act for extension of guardianship. Updated medical evidence confirmed that the subject, CNM, remained significantly incapacitated and unable to manage her affairs due to worsening dementia. The applicant provided satisfactory evidence of proper management of the subject's finances, including bank statements detailing necessary expenditures for medical and caregiving needs. There was no objection from any other relatives or interested parties. Accordingly, the court determined that it was just and in the subject's best interests to extend the applicant's guardianship for a further 120...
Court Disposition
application for extension of guardianship granted
Orders
- The applicant's guardianship over CNM is extended for a further 120 days subject to renewal.
- File closed in the meantime.
Full Case Text
Judgment text and source record
20 paragraphs
In re CNM (Subject) (Family Miscellaneous Application E066 of 2023) [2024] KEHC 15383 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15383 (KLR)
Republic of Kenya
In the High Court at Nakuru
Family Miscellaneous Application E066 of 2023
JM Nang'ea, J
December 4, 2024
IN THE MATTER OF AN APPLICATION FOR APPOINTMENT OF A GUARDIAN FOR CNM ....SUBJECT
In the matter of
SKW
Applicant
Ruling
1. These directions follow this ex-parte application dated 1st July 2024. On 8/7/2024 my brother Nyaga H. M. (J) directed the applicant to file details of transactions relating to the accounts of the subject for the period he has been the manager of her affairs. Further medical evidence showing that the subject is still incapable of managing her affairs was also required to be put in for the court’s directions.
2. On 11/11/2024, the applicant’s Legal Counsel (Ms Mungai) told he court that the additional evidence had been filed.
3. I have perused the application and the affidavit evidence in support thereof. The applicant seeks extension of a court order issued on 22/11/2023 granting him guardianship over the subject, his mother, who was suffering from dementia and thus incapable of managing her finances and properties in general. The order was issued for an initial period of 120 days which has now lapsed. The subject is said to be still significantly incapacitated, hence the request for extension of the guardianship period. To demonstrate the subject’s condition the applicant exhibits her medical examination report dated 21/8/2024. The report shows that her condition worsened from the last review done on 5/6/2023. She is completely unaware of her environment and cannot recognize her children or respond to questions.
4. As directed by the court, the subject’s bank account statement dated 24th January 2024 is annexed to the instant application. It shows cash withdrawals made to pay doctors and other care givers among other necessary expenditure items.
5. None of the other children/relatives of the subject objects to the extension of the applicant’s guardianship role. I find that the applicant has complied with the Mental Health Act.
6. Consequently, the applicant’s guardianship is extended for a further 120 days subject to any necessary renewal.
7. It is directed accordingly.File closed in the meantime.
J. M. NANG’EA, JUDGE.RULING DELIVERED THIS 4TH DAY OF DECEMBER, 2024 IN THE PRESENCE OF:Ms Mungai advocate for the applicantCourt Assistant, LepikasJ. M. NANG’EA, JUDGE.