[2017] KEHC 4196 (KLR)
The court found that the guardians had complied with the requirement to file an inventory of the ward's assets as mandated by section 33 of the Mental Health Act. However, they had not yet furnished annual accounts of any money received on behalf of the estate. The court emphasized the statutory obligation to...
Source-derived case information.
- Citation
- [2017] KEHC 4196 (KLR)
- Parties
- Applicant: E W M; Applicant: J W N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 586 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Guardianship Asset Management Orders
- Outcome
- Guardians partially compliant; further compliance ordered; no costs awarded.
- Judges
- REA Ougo
- Legal Topics
- Guardianship of Persons With Mental Disability, Management of Estate, Court Supervision of Guardians, Compliance With Statutory Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E W M
Applicant
J W N
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Guardianship Asset Management Orders
Legal Issues
- 1 Whether the guardians should be authorized to manage and invest the assets of the ward for the benefit of the ward and the estate.
- 2 Whether the guardians have complied with statutory requirements under section 33 of the Mental Health Act regarding inventory and annual accounts.
- 3 Whether further orders should be issued to ensure compliance with court directions.
Ratio Decidendi
The court found that the guardians had complied with the requirement to file an inventory of the ward's assets as mandated by section 33 of the Mental Health Act. However, they had not yet furnished annual accounts of any money received on behalf of the estate. The court emphasized the statutory obligation to provide such accounts annually and ordered the guardians to comply fully with these requirements. The matter was set for mention to confirm compliance, and no costs were awarded. The court's decision was guided by the need to protect the interests of the ward and ensure proper management and accountability of the estate by the appointed guardians.
Court Disposition
Guardians partially compliant; further compliance ordered; no costs awarded.
Orders
- Guardians to furnish annual accounts of the ward's estate in accordance with section 33 of the Mental Health Act.
- Matter to be mentioned on 3rd August 2017 to confirm compliance.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC APPLICATION CAUSE NO.586 OF 2012
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP OF E W M
RULING
The ex-parte application brought before this court is dated 28th October 2016. The applicants, E W M, E W M and J W N, being the legally appointed guardians of E W M, sought the following orders;
1. That the guardians be authorized to manage the assets of the ward by investing the assets for the benefit of the ward and of the estate.
2. That the guardians be authorized to purchase assets utilizing the funds of the ward for the benefit of the ward and of the estate.
3. That the Guardians be granted access to the safe custody accounts of the ward held at relevant banks for purposes of ascertaining collecting and managing the assets of the ward.
4. That the Guardians be authorized to receive information pertaining to the ward’s CDSC account Number [particulars withheld] held at Central Bank of Kenya.
5. That the Guardians be authorized to transfer funds held at Standard Chartered Bank to other banks.
6. That this Honourable court be pleased to make any other or further orders.
7. That the costs of this application be in the cause
A ruling was delivered on the current application on 13th April 2017. The said ruling required that the guardians were to furnish the court with annual records of their dealings of the wards estate so as to enable this court make a precise decision with regard to the prayers sought.
The guardians in an attempt to comply with orders of this court have filed a list of the wards assets dated 2nd May 2017. The guardians are still to comply fully with section 33 of the Mental Health Act which states,
1) Every person appointed by the court to be manager of the estate of a person under this Part shall, within six months of the date of his appointment, deliver to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) an inventory of the property belonging to the person of whose estate he has been appointed manager and all such sums of money, goods and effects as he receives on account of the estate, together with a statement of all debts owed by or due to such person, and every such manager shall furnish to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) annually, within three months of the 31st December, an account of the property in his charge showing the sums received and disbursed on account of the estate during the year and the balance; such inventory, statement and account shall be in the prescribed form.
The guardians have thus complied with the first part of the section. They are yet to furnish accounts pertaining to any such money received on behalf of the estate. The guardians are thus required to comply with the orders of this court. This matter will be mentioned on 3rd August 2017 to confirm compliance of the said orders. No cost as to orders. It is so ordered.
Dated, signed and delivered this 30thday of June2017.
R. OUGO
JUDGE
In the presence of:
Miss Aaisha. Namwari holding brief Miss Muigai For the Applicants
Charity Court Clerk