[2024] KEHC 1383 (KLR)
The court found, based on medical evidence and its own observation of JMK, that he is suffering from a mental disorder as defined by the Mental Health Act. The court also noted the consent of all family members and the absence of opposition. Consequently, the court held that it was appropriate to appoint the...
Source-derived case information.
- Citation
- [2024] KEHC 1383 (KLR)
- Parties
- Applicant: Fr MNK; Applicant: Dr NNK; Applicant: EMKS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E009 of 2024
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Petition allowed as prayed; no order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Mental Health Guardianship, Management of Patient Estate, Court Appointment of Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fr MNK
Applicant
Dr NNK
Applicant
EMKS
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether JMK is suffering from a mental disorder under Section 26 of the Mental Health Act.
- 2 Whether the petitioners should be appointed as guardians and managers of JMK's estate with special permissions under Section 27(1)(a) of the Mental Health Act.
- 3 Whether the petitioners should be granted access to JMK's bank accounts.
Ratio Decidendi
The court found, based on medical evidence and its own observation of JMK, that he is suffering from a mental disorder as defined by the Mental Health Act. The court also noted the consent of all family members and the absence of opposition. Consequently, the court held that it was appropriate to appoint the petitioners as guardians and managers of JMK's estate, with special permission to deal with immovable property and access his bank accounts, as provided under the Mental Health Act.
Court Disposition
Petition allowed as prayed; no order as to costs.
Orders
- JMK is declared to be suffering from mental disorder pursuant to Section 26 of the Mental Health Act.
- The petitioners are appointed as guardians and managers of the estate of JMK with special permission under Section 27(1)(a) of the Mental Health Act to mortgage, charge, transfer by sale, gift, surrender, exchange or otherwise any immovable property of the estate.
Full Case Text
Judgment text and source record
23 paragraphs
In re JMK (Patient) (Petition E009 of 2024) [2024] KEHC 1383 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1383 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Petition E009 of 2024
HK Chemitei, J
February 15, 2024
In the matter of
Fr MNK
1st Petitioner
Dr NNK
2nd Petitioner
EMKS
3rd Petitioner
Judgment
1. In their petition dated 9th January 2024 the Applicants pray for the following orders:(a)That JMK (the patient) is hereby declared to be suffering from mental disorder pursuant to Section 26 of the Mental Health Act cap 248 Laws of Kenya.(b)This court do and hereby appoints the petitioners as guardians and managers of the estate of JMK in accordance with Mental Health Act with special permission pursuant to Section 27(1) (a) of the Mental Health Act to mortgage, charge or transfer by sale gift, surrender exchange or otherwise any immovable property of which the estate may consist and;(c)The petitioners to access funds from the bank accounts held by JMK at Standard Chartered Bank of Kenya Limited Machakos branch account number (Particulars Withheld) or any other bank account in Kenya.
2. The petition is premised on the sworn affidavits of the applicants dated the same date.
3. The court directed that the subject be availed to the court and on 29th January 2024 when this matter come up for hearing and the court was able to see and interview him online although he was bedridden and appeared a little bit incoherent.
4. The applicants and their siblings were well online.
5. The court has perused the medical annexures to the affidavit in support especially the one dated 3rd January 2024 from BSR Hospital.
6. In view of what the court has read and observed and interviewed the parties and the consent by all the family members I do find the petition meritorious and the same is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 15THDAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE