[2023] KEHC 1524 (KLR)
The court found that the applicants had provided sufficient medical evidence demonstrating that the subject, HFKM, suffers from Alzheimer's dementia and is incapable of managing his own affairs. The application was further supported by affidavits from the majority of the subject's children, with no formal opposition...
Source-derived case information.
- Citation
- [2023] KEHC 1524 (KLR)
- Parties
- Applicant: Anthony Eulogius Muhindi; Applicant: Edward Alex Ngugi Muhindi; Respondent: Hastings Frank Kariuki Muhindi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E054 of 2022
- Procedural Posture
- Miscellaneous Cause / Judgment
- Outcome
- petition allowed
- Judges
- HK Chemitei
- Legal Topics
- Mental Capacity, Guardianship, Management of Affairs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Eulogius Muhindi
Applicant
Edward Alex Ngugi Muhindi
Applicant
Hastings Frank Kariuki Muhindi
Respondent
Procedural Posture
Miscellaneous Cause / Judgment
Legal Issues
- 1 Whether the applicants should be appointed as managers and guardians of the subject under the Mental Health Act due to the subject's mental incapacity.
- 2 Whether the applicants have met the statutory requirements for such appointment.
Ratio Decidendi
The court found that the applicants had provided sufficient medical evidence demonstrating that the subject, HFKM, suffers from Alzheimer's dementia and is incapable of managing his own affairs. The application was further supported by affidavits from the majority of the subject's children, with no formal opposition from any party. The court held that the requirements under the Mental Health Act for the appointment of managers and guardians had been satisfied. Consequently, the applicants were appointed as managers and guardians of the subject, with specific powers and duties outlined to ensure the subject's welfare and protection of his interests.
Court Disposition
petition allowed
Orders
- Anthony Eulogius Muhindi and Edward Alex Ngugi Muhindi are appointed managers and guardians of Hastings Frank Kariuki Muhindi.
- The petitioners shall jointly manage and guard the subject in respect to healthcare, access and operation of bank accounts, execution of documents, and settlement of liabilities.
Full Case Text
Judgment text and source record
15 paragraphs
In re HFKM (Miscellaneous Cause E054 of 2022) [2023] KEHC 1524 (KLR) (28 February 2023) (Judgment)
Neutral citation: [2023] KEHC 1524 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Cause E054 of 2022
HK Chemitei, J
February 28, 2023
Judgment
1. The applicants who are sons to the subject herein HFKM filed this petition under the provisions of the Mental Health Act cap 248 Laws of Kenya seeking that they be allowed to manage the subject affairs.
2. The supporting affidavit of AEM shows that their father who is 78 years old is suffering from mental disorder alzheimer’s dementia.
3. In support of the same he had attached a copy of a medical report by Dr Njau J W a consultant psychiatrist dated August 4, 2022.
4. The application is supported by his other siblings namely EANM and CNM. The only sibling who has not appended her signature is one Patricia Muhindi.
5. Taking into totality of the affidavit evidence as presented, it is evident that the petition is meritorious.
6. In the premises, the same is hereby allowed as hereunder:1. Anthony Eulogius Muhindi and Edward Alex Ngugi Muhindi are hereby appointed managers and guardians of the subject Hastings Frank Kariuki Muhindi2. The petitioners shall jointly manage and guard the subject in respect to(a)Health Care(b)Access and operate bank accounts(c)Execute documents on behalf for the subject(d)Settle liabilities, whether statutory or otherwise on behalf of the subject.3. They shall render periodical accounts to this court, which should be at least bi-annual or such a time that shall be directed by this court.4. They shall indemnify the subject at all times.5. The matter be mentioned before the deputy registrar to confirm progress in the next 90 days from the date herein.
DATED, SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK ON THIS 28TH DAY OF FEBRUARY, 2023. H K CHEMITEIJUDGE