[2021] KEHC 8414 (KLR)
The court determined that the affidavit evidence presented by the petitioners was insufficient to grant the far-reaching orders sought under the Mental Health Act. The nature of the reliefs—granting management of property, custody, and authority to institute suits—necessitates a thorough examination of the mental...
Source-derived case information.
- Citation
- [2021] KEHC 8414 (KLR)
- Parties
- Applicant: SNM; Applicant: CWM; Applicant: CGM; Respondent: GGSM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Petition 17 of 2020
- Procedural Posture
- Mental Health Application / Ruling on Need for Viva Voce Evidence Prior to Judgment
- Outcome
- No final orders granted; matter adjourned for viva voce evidence.
- Judges
- MM Kasango
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SNM
Applicant
CWM
Applicant
CGM
Applicant
GGSM
Respondent
Procedural Posture
Mental Health Application / Ruling on Need for Viva Voce Evidence Prior to Judgment
Legal Issues
- 1 Whether the petitioners should be granted powers to manage the properties, businesses, and bank accounts of GGSM under the Mental Health Act.
- 2 Whether the care, control, and custody of GGSM should be committed to the petitioners.
- 3 Whether the petitioners should be allowed to institute suit to protect and distribute the estate of GGSM.
Ratio Decidendi
The court determined that the affidavit evidence presented by the petitioners was insufficient to grant the far-reaching orders sought under the Mental Health Act. The nature of the reliefs—granting management of property, custody, and authority to institute suits—necessitates a thorough examination of the mental capacity of GGSM and the suitability of the petitioners. Such examination requires viva voce evidence to enable the court to make findings on credibility and the factual basis for the orders. Accordingly, the court declined to issue judgment at this stage and directed that a date be set for the parties to attend court and give oral evidence.
Court Disposition
No final orders granted; matter adjourned for viva voce evidence.
Orders
- Parties to be given a date to attend court and give viva voce evidence.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
PETITION NO. 17 OF 2020
IN THE MATTER OF PETITION BY
SNM........................................1ST PETITIONER
CWM......................................2ND PETITIONER
JWK.......................................3RD PETITIONER
CG.........................................4TH PETITIONER
AND
IN THE MATTER OF GGSM
AND
IN THE MATTER OF PART XII OF THE MENTAL HEALTH ACT, CAP 248 LAWS OF KENYA
R U L I N G
1. SNM, CWM and CGM (the petitioners) have petitioned this court, moving under the Mental Health Act and seeking orders: that they be granted power to deal with the properties belonging to GGSM including his businesses and bank accounts; that the care, control and custody of GGSM be committed to the Petitioners; and that the petitioners be allowed to institute suit to protect and distribute the estate of GGSM.
2. The prayers, which are brought under the Mental Health Act Cap 248, in the petition are far reaching and cannot be entertained, in my view without this court receiving viva voce evidence. This matter was heard virtually when today’s date was given for judgment. Having considered the affidavit evidence I formed the opinion that judgment cannot be issued without viva voce evidence.
3. In view of the above finding at the reading of this Ruling the parties will be given a date when they shall attend court to give evidence.
Orders accordingly.
SIGNED AND DELIVERED VIRTUALLY THIS 18TH DAY OF MARCH 2021.
MARY KASANGO
JUDGE
18th March 2021
Before Justice Mary Kasango
C/A - Kevin
For Petitioners – Ms Mukonge
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE