[2025] KEHC 8400 (KLR)
The court found, based on the medical report and its own observation of JMM's physical and mental state in court, that JMM is incapable of managing his own affairs or making rational decisions. The court was satisfied that the requirements of the Mental Health Act had been met, and that it was in the best interests...
Source-derived case information.
- Citation
- [2025] KEHC 8400 (KLR)
- Parties
- Applicant: DWM; Respondent: JMM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E003 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Petition for Appointment of Guardian and Manager Under the Mental Health Act
- Outcome
- Petition allowed. DWM appointed as guardian and manager of JMM's estate and affairs. Costs to be borne by JMM's estate.
- Judges
- DO Chepkwony
- Legal Topics
- Mental Capacity, Guardianship, Management of Estate, Rights of Older Persons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DWM
Applicant
JMM
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Petition for Appointment of Guardian and Manager Under the Mental Health Act
Legal Issues
- 1 Whether JMM is suffering from a mental disorder as defined under the Mental Health Act.
- 2 Whether DWM should be appointed as guardian and manager of the estate and affairs of JMM.
- 3 Whether the costs of the application should be borne by the estate of JMM.
Ratio Decidendi
The court found, based on the medical report and its own observation of JMM's physical and mental state in court, that JMM is incapable of managing his own affairs or making rational decisions. The court was satisfied that the requirements of the Mental Health Act had been met, and that it was in the best interests of JMM for DWM to be appointed as both guardian and manager of his estate and affairs. The court further ordered that the costs of the application be borne by JMM's estate, as the application was made for his benefit and protection.
Court Disposition
Petition allowed. DWM appointed as guardian and manager of JMM's estate and affairs. Costs to be borne by JMM's estate.
Orders
- JMM is declared to be a person suffering from a mental disorder as defined under the Mental Health Act, Cap 248.
- DWM is appointed as manager of the estate and all affairs of JMM.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of JMM (Miscellaneous Application E003 of 2025) [2025] KEHC 8400 (KLR) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8400 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E003 of 2025
DO Chepkwony, J
June 16, 2025
IN THE MATTER OF: JMM -AND- IN THE MATTER OF: MENTAL HEALTH ACT, CAP. 248 OF THE LAWS OF KENYA. -AND- IN THE MATTER OF: THE RIGHTS OF OLDER MEMBERS OF SOCIETY UNDER ARTICLE 57 OF THE CONSTITUTION -AND- IN THE MATTER OF: AN APPLICATION BY DWM TO BE APPOINTED AS GUARDIAN OVER THE AFFAIRS OF THE ESTATE OF JMM
In the matter of
DWM
Petitioner
Ruling
1. In a Judgment delivered 23rd May, 2025, in respect of a Petition dated 29th January, 2025, the court made the following orders:-a.The subject/patient be availed physically before this Court to enable it ascertain whether or not he is capable of making rational decisions before the orders sought in the Petition can be granted.
2. On 28th May, 2025 the subject was brought in physical court as directed and indeed the court noted that he was unable to stand without assistance and thus it was hard to place him on the stand for examination/interrogation. The court also observed that the subject appeared frail and oblivious of his surroundings.
3. The court is thus satisfied with the findings and recommendations in the medical report in respect of the subject coupled with the observation following his physical appearance in court that the subject is incapable of managing his own affairs or making any rational decisions.
4. For those reasons, the court proceeds to allow the Petition dated 29th January, 2025 and grant the following orders:-a.That the Subject, Mr. JMM be and is hereby declared to be a person suffering from a mental disorder as defined under the Mental Health Act, Cap 248 of the Laws of Kenya.b.That the Petitioner, DWM be and is hereby appointed as the anager of the Estate and all the affairs of the said Mr. JMM .c.That the Petitioner be and is hereby appointed as the Guardian of the patient, the said Mr. JMM .d.That the costs of this application be borne by the Estate of the said Mr. JMM .It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF JUNE , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Warui Maina counsel for the PetitionerCourt Assistant - Martin