[2021] KEHC 4819 (KLR)
The court found that the subject, AK, suffers from chronic schizophrenia, as confirmed by a medical report, and is unable to manage his personal and financial affairs. The applicant, MWK, is a sibling who has demonstrated willingness and capacity to act in the subject's best interests. No objections were raised by...
Source-derived case information.
- Citation
- [2021] KEHC 4819 (KLR)
- Parties
- Applicant: MWK; Respondent: AK
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 13 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application 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
MWK
Applicant
AK
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be appointed as legal guardian and manager of the subject's estate under the Mental Health Act.
- 2 Whether the subject is incapable of managing his own affairs due to mental disorder.
Ratio Decidendi
The court found that the subject, AK, suffers from chronic schizophrenia, as confirmed by a medical report, and is unable to manage his personal and financial affairs. The applicant, MWK, is a sibling who has demonstrated willingness and capacity to act in the subject's best interests. No objections were raised by other relatives, and all siblings consented to the appointment. The court held that the requirements under the Mental Health Act for appointment of a guardian and manager were satisfied. Accordingly, the court appointed MWK as legal guardian of AK and directed that the subject's funds be used for his welfare.
Court Disposition
application allowed
Orders
- Petitioner MWK is hereby appointed legal guardian of the subject herein AK.
- The subject’s funds from [Particulars Withheld] Properties Ltd to be utilized for the welfare of the subject AK.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC APPL.NO.13 OF 2020
IN THE MATTER OF SECTION 26 AND 38 OF THE MENTAL HEALTH ACT
AND
IN THE MATTER OF THE ESTATE OF AK (SUBJECT)
MWK............................................................................................................APPLICANT
RULING
1. The petitioner MWKwho is a sister to the subject herein A KMby application dated 15th September 2020 seeks to be appointed as the subject’s legal guardian and or manger of his estate.
2. Grounds on the face of the application are that the subject suffers from chronic psychotic disorder (schizophrenia) illness characterized by thoughts, behavioral perception and speech problem and cannot manage his affairs.
3. That it is in the interest of justice that this application be allowed for purposes of helping the subject access medical care and meet his expenses.
4. The application is supported by affidavit sworn by the petitioner on 15th September 2020. She restated grounds on the face of the application, she averred that the subject cannot conduct his own affairs including payment of hospital bills and his care givers.
5. The applicant averred that the subject is admitted at Mathari hospital. She averred that his source of income is under family agent [Particulars Withheld] Properties Ltd and the money will be used for the betterment of the subject who is aged 59 years’ old.
6. The petitioner attached authority note signed by her siblings consenting to being appointed as legal guardian of the subject herein.
7. She also attached a medical report by Doctor Njau J.W who confirmed that the subject suffers from chronic disorder(schizophrenia) and that the illness started in the year 2002 and has been on medication since then. He further confirmed that due the illness, the subject’s memory, concentration, attention, judgment and abstract thinking have been impaired.
ANALYSIS AND DETERMINATION
8. I have considered grounds in support of the application herein. Doctor Njau’s medical report has confirmed that due to mental disorder, the subject is unable to manage his personal affairs. The petitioner’s siblings are not opposed to her being appointed legal guardian of the subject herein.
9. None of the subject’s siblings or relative has raised any objection to the application herein. The applicant has demonstrated that the applicant is unable to run his affairs and his siblings are not opposed to application. I find the application merited.
10. FINAL ORDERS
1) Petitioner MWK is hereby appointed legal guardian of the subject herein AK.
2) The subject’s funds from [Particulars Withheld] Properties Ltd to be utilized for the welfare of the subject AK.
Ruling dated, signed and delivered via zoom at Nakuru
THIS 1ST DAY OF JULY, 2021
....................................
RACHEL NGETICH
JUDGE
In the presence of:
Jeniffer - Court Assistant
Mr. Gatheca Counsel for Applicant