[2018] KEHC 907 (KLR)
The court found that the applicant had provided sufficient medical evidence, including a mental examination report by Dr. Mwikamba Andrea, establishing that GMN is suffering from post-traumatic psychotic disorder and is incapable of making his own decisions. The court was satisfied that the requirements of the...
Source-derived case information.
- Citation
- [2018] KEHC 907 (KLR)
- Parties
- Applicant: SGM; Respondent: GMN
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 28 of 2018
- Procedural Posture
- Mental Health Application / Ruling on Petition
- Outcome
- Petition allowed as prayed.
- Judges
- A Mabeya
- Legal Topics
- Mental Capacity, Guardianship, Mental Health Act Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SGM
Applicant
GMN
Respondent
Procedural Posture
Mental Health Application / Ruling on Petition
Legal Issues
- 1 Whether GMN is suffering from mental infirmity rendering him incapable of protecting his interests.
- 2 Whether the applicant has satisfied the requirements under the Mental Health Act for appointment as guardian.
Ratio Decidendi
The court found that the applicant had provided sufficient medical evidence, including a mental examination report by Dr. Mwikamba Andrea, establishing that GMN is suffering from post-traumatic psychotic disorder and is incapable of making his own decisions. The court was satisfied that the requirements of the Mental Health Act, Cap 248, had been met, justifying the appointment of the applicant as guardian and manager of GMN's affairs. The absence of opposition and the clear evidence of incapacity led the court to allow the petition as prayed.
Court Disposition
Petition allowed as prayed.
Orders
- The petition dated 26/11/2018 is allowed as prayed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PET. NO. 28 OF 2018
IN THE MATTER OF SECTIONS 26 (1)(a), (b), (3), 27 (1) 28(1) 30, 32 and 33(1) & (2) OF MENTAL HEALTH ACT, CAP 248 LAWS OF KENYA, SECTIONS 3, 3A AND 63(e) OF THE CIVIL PROCEDURE ACT, CAP 21 LAWS OF KENYA AND ORDER 32 RULE 15 OF THE CIVIL PROCEDURE RULES 2010
AND
IN THE MATTER OF G M N, A PERSON SUFFERING FROM MENTAL INFIRMITY AND INCAPABLE OF PROTECTING HIS INTEREST OWING TO BRAIN INJURY SUSTAINED AS A RESULT OF ROAD TRAFFIC ACCIDENT ON 5TH NOVEMBER, 2016
SGM.........PETITIONER/APPLICANT
R U L I N G
1. I have considered the petition dated 26/11/2018.
2. The applicant is a wife of one GMN. She testified how her husband was involved in an accident on 05/11/2016. As a result of that accident he sustained injuries which have led to his mental incapacity. He currently suffers from post-Traumatic Psychotic Disorder.
3. According to the mental examination Report of Dr. Mwikamba Andrea dated 01/08/2018, the subject can no longer make his own decisions.
4. In view of the foregoing. I am satisfied that the Applicant /Petitioner has satisfied the requirements of the mental Health Act, Cap 248.
5. Accordingly, I allow the Petition dated 26/11/2018 as prayed.
A. MABEYA
JUDGE
05/12/2018