[2023] KEHC 23635 (KLR)
The court found that DMT, due to age and dementia, is incapable of managing his own affairs and qualifies as a person with disability under the law. The applicant, as his legal wife, demonstrated sufficient grounds and family consent to be appointed as legal guardian. The court further held that it is in DMT's best...
Source-derived case information.
- Citation
- [2023] KEHC 23635 (KLR)
- Parties
- Applicant: Margaret Wanjiru Mungai; Respondent: Daniel Mungai Thuo (DMT)
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E003 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Guardianship Application
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Guardianship of Person With Disability, Mental Capacity, Appointment of Legal Guardian, Release of Funds for Maintenance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wanjiru Mungai
Applicant
Daniel Mungai Thuo (DMT)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Guardianship Application
Legal Issues
- 1 Whether DMT should be declared a person with disability under the Persons with Disabilities Act.
- 2 Whether the applicant should be appointed as legal guardian of DMT.
- 3 Whether the applicant should be granted access to DMT's income and pension for his maintenance and medication.
Ratio Decidendi
The court found that DMT, due to age and dementia, is incapable of managing his own affairs and qualifies as a person with disability under the law. The applicant, as his legal wife, demonstrated sufficient grounds and family consent to be appointed as legal guardian. The court further held that it is in DMT's best interests for the applicant to have access to his income and pension for his maintenance and medication. The application was unopposed and supported by all relevant family members, and the statutory requirements for guardianship and management of the affairs of a person with disability were satisfied.
Court Disposition
application allowed
Orders
- DMT is declared a person with disability as defined under the Persons with Disability Act.
- The applicant is appointed legal guardian of DMT.
Full Case Text
Judgment text and source record
22 paragraphs
In re DMT (Miscellaneous Application E003 of 2023) [2023] KEHC 23635 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23635 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E003 of 2023
GMA Dulu, J
October 17, 2023
IN THE MATTER OF A PERSON WITH DISABILITY
AND
IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 LAWS OF KENYA
IN THE MATTER OF APPLICATION FOR ORDERS OF GUARDIANSHIP OF DMT
In the matter of
MWM
Petitioner
Ruling
1. Before me is an application brought by way of Notice of Motion dated September 4, 2023 brought by Margret Wanjiru Mungai under Section 2 and 20 of the Persons with Disabilities Act No 14 of 2003 and Article 22, 28 and 43 of the Constitution of Kenya.
2. The prayers in the application are as follows:-1. (Spent).2. That DMT be and is hereby declared a person with disability as defined under the Persons with Disability Act.3. That the petitioner/applicant herein be appointed the legal guardian of DMT.4. That the income and all money at the disposal of the said DMT including the monthly pension payable to DMT and others held a the NSSF be released to the petitioner and she be given full access for the purposes of the maintenance and medication of the said DMT.5. That the costs of this petition be borne by the estate of the said DMT.6. Such further orders do issue necessary to preserve the interests and well being of the said DMT.
3. The application has grounds on the face of the Notice of Motion that the petitioner is the legal wife of DMT that DMT is aged and has dementia and persistent loss of memory, that DMT is a retired civil servant and not capable of managing his own affairs or financial affairs.
4. The application was filed with a supporting affidavit sworn on September 4, 2022 by Margaret Wanjiru Mungai the petitioner/applicant amplifying the grounds of the application. Several documents including photocopies of national identity cards of DMT, the applicant and their adult children were filed.
5. On September 25, 2023 the children of the petitioner/applicant and DMT, and the applicant herself appeared in court, and confirmed that they were all agreed to the issuance of the orders sought herein.
6. On my part, having perused and considered the documents filed and the grounds and reasons given in support of the application, as well as the consent of the members of the family and noting that the full names of DMT are Daniel Mungai Thuo, I allow the application and order as follows:-1. DMT be and is hereby declared a person with disability as defines under the Persons with Disability Act.2. The petitioner/applicant herein be and is hereby appointed a legal guardian of DMT.3. The income and all the money at the disposal of the said DMT including the monthly pension payable to DMT and others held at the NSSF be released to the petitioner/applicant and she be and is hereby given full access for the purposes of the maintenance and medication of DMT.4. The costs of this application will be borne by the estate of the said DMT.
DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER 2023 AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantMr. Mutinda holding brief for Mr. Mwinzi for applicant