[2019] KEHC 12091 (KLR)
The court found, based on medical evidence and family consent, that the subject suffers from cognitive dysfunction dementia and is incapable of managing her personal and financial affairs. The Mental Health Act empowers the court to adjudge a person as suffering from mental disorder and to appoint a guardian and...
Source-derived case information.
- Citation
- [2019] KEHC 12091 (KLR)
- Parties
- Petitioner: ER; Subject: JMO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 151 of 2019
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- petition allowed
- Legal Topics
- Mental Capacity, Guardianship, Management of Estate, Medical Expenses, Bank Account Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
ER
Petitioner
JMO
Subject
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the subject is a person suffering from mental disorder under the Mental Health Act.
- 2 Whether the petitioner should be appointed as legal guardian and manager of the subject's estate.
- 3 Whether the petitioner should be granted authority to access and manage the subject's bank account for her medical and necessary expenses.
Ratio Decidendi
The court found, based on medical evidence and family consent, that the subject suffers from cognitive dysfunction dementia and is incapable of managing her personal and financial affairs. The Mental Health Act empowers the court to adjudge a person as suffering from mental disorder and to appoint a guardian and manager for their estate. The petitioner, being the first born son and having the support of other family members, is a suitable person to be appointed as legal guardian and manager. The court further found it necessary and in the subject's best interests to grant the petitioner authority to collect dues, manage assets, and withdraw funds from the subject's bank account to cater...
Court Disposition
petition allowed
Orders
- The subject is adjudged a person suffering from mental disorder under the Mental Health Act.
- The petitioner is granted authority to collect dues and manage all assets belonging to the subject.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
MISC. APPLICATION NO. 151 OF 2019
IN THE MATTER OF SECTION 26 AND 28 (1) OF THE MENTAL HEALTH ACT
AND
IN THE MATTER OF ORDER 32 RULE 15 OF THE CIVIL PROCEDURE RULES
AND
IN THE MATTER OF THE ESTATE OF JMO (SUBJECT
ER...................................................................................PETITIONER
JUDGMENT
1. The Petitioner herein ER filed the Notice of Motion dated 27. 8.2019 seeking orders that the Petitioner be appointed interim legal guardian of the subject pending the hearing and determination of this Petition.
2. The Petitioner is also seeking authority to collect any dues and manage any or all assets belonging to the subject.
3. The Petitioner is further seeking to be granted power to withdraw money from the subject’s Bank Account No. 110xxxxxxx at Kenya Commercial Bank (KCB) to cater for her Medical related and other urgent necessary expenses.
4. The Petitioner filed a Petition also dated 27. 8.2019 seeking the following prayers:
(i) THAT the Petitioner be appointed Legal Guardian and Manager of the Estate of the Subject.
(ii) THAT the Petitioner be granted authority to withdraw money from the Subject’s Bank account No. 110xxxxxxx to cater for her medical and necessary expenses.
5. The Petitioner filed two Supporting Affidavit one in Support of the Application and the other in support of the Petition.
6. The Petitioner has deposed that he is the first born son of the subject who is now aged 79 years and suffering from cognitive dysfunction dementia which renders her confused, disoriented and incapable of taking care of herself or attend to her personal affairs.
7. The Petitioner further said in his affidavits that the Subject operates Bank Account No. 110xxxxxxx at KCB where her Pension is deposited and he requires to access the said funds to take care of the Subject.
8. The Consent of the other family members was obtained and also a Doctor’s report stating the Subject is suffering from Cognitive Dysfunction which causes progressive loss of memory and disorientation.
9. Section 2 of the Mental Health Act defines
"person suffering from mental disorder" as follows” means a person who has been found to be so suffering under this Act and includes a person diagnosed as a psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse."
10. The prayers the Petitioner is seeking in the Notice of Motion are the same as those sought in the Petition dated 27. 8.2019.
11. I grant the Petition in the following terms:
(i) THAT the Subject be and is hereby adjudged a person suffering from Mental disorder under the Mental Health Act.
(ii) THAT the Petitioner be and is hereby granted authority to collect any dues and manage any or all assets belonging to the Subject
(iii) THAT the Petitioner be and is hereby granted power to withdraw money from the Subject’s Bank Account No. 110xxxxxxx at Kenya Commercial Bank to cater for her medical related and other urgent necessary expenses.
DELIVERED,DATED AND SIGNED IN OPEN COURT THIS 22ND DAY OF NOVEMBER, 2019.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.