[2020] KEHC 1118 (KLR)
The court found that the subject, IHI, is suffering from a severe mental illness (schizophrenia) and is incapable of managing his own affairs. Medical evidence supports the need for long-term treatment and confirms his incapacity. The applicant, FYH, as the subject's wife, demonstrated that the family is suffering...
Source-derived case information.
- Citation
- [2020] KEHC 1118 (KLR)
- Parties
- Applicant: FYH; Respondent: IHI
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E002 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Interim Management Pending Substantive Petition
- Outcome
- interim orders granted
- Judges
- A Ali-Aroni
- Legal Topics
- Mental Capacity, Appointment of Manager, Interim Orders, Guardianship, Maintenance of Dependants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FYH
Applicant
IHI
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Interim Management Pending Substantive Petition
Legal Issues
- 1 Whether the applicant should be appointed as interim manager of the subject's estate pending the hearing of the main petition.
- 2 Whether the applicant should be allowed to access the subject's funds for the upkeep of the family.
Ratio Decidendi
The court found that the subject, IHI, is suffering from a severe mental illness (schizophrenia) and is incapable of managing his own affairs. Medical evidence supports the need for long-term treatment and confirms his incapacity. The applicant, FYH, as the subject's wife, demonstrated that the family is suffering hardship due to lack of access to the subject's funds. In the absence of a substantive petition but in light of the urgency and hardship, the court exercised its discretion under the Mental Health Act to appoint the applicant as interim manager of the subject's estate for a period not exceeding four months, with authority to access the subject's bank account for the benefit of...
Court Disposition
interim orders granted
Orders
- FYH is appointed as interim manager of the estate of IHI for a period not exceeding four months.
- FYH is authorized to access funds from IHI's account No. 11xxxxxxxx with KCB Bank Garissa Branch for four months pending further orders.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CIVIL MISC NO. E002 OF 2020
IN THE MATTER OF SECTIONS 26 & 27 OF THE MENTAL
HEALTHACT CAP 248 OF THE LAWS OF KENYA
AND
IN THE MATTER OF IHI
FYH..........................................................................PETITIONER
RULING
1. The application before court is a Notice of Motion dated 30th October 2020 brought under certificate of urgency and seeking to have the applicant herein FYH (FYH)appointed as the manager of the subject IHI for purposes of accessing the subject’s pay for the upkeep of the children of the couple and the subject together with the applicant who is his wife.
2. The subject has been ailing since September 2020 and is placed on medication. He is said to be suffering from schizophrenia a severe mental illness. He exhibits erratic behaviour and is unable to take care of himself and his affairs. The first report dated 11th September 2020 indicated that he has been put on medication for a month. A second report dated 11th September 2020 indicates that the condition needs long term treatment.
3. For now and to alleviate the hardship the family is suffering before main petition is heard and determined the applicant FYH be and is hereby appointed as an interim manager of the estate of the subject herein for a period not exceeding four (4) months and she will for avoidance of doubt be able to access funds from the subject’s account No. 11xxxxxxxx with KCB Bank Garissa Branch for the next four (4) months pending further orders.
4. No substantive petition has so far been filed. The applicant is directed to file a petition within the next 30 days of the date hereof.
5. Mention on the 19th of April, 2021 for further directions.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 8th DAY OF DECEMBER, 2020.
....................
ALI ARONI
JUDGE