[2024] KEHC 15505 (KLR)
The court found, based on the uncontroverted medical evidence and affidavits, that JNK suffers from a mental disorder within the meaning of the Mental Health Act, resulting in diminished mental capacity and inability to manage her own affairs. The applicants, being her daughters and with the consent of all surviving...
Source-derived case information.
- Citation
- [2024] KEHC 15505 (KLR)
- Parties
- Applicant: Lilian Gathoni Kimani; Applicant: Esther Nyambura Kimani; Respondent: JNK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E266 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Guardianship and Management Application
- Outcome
- Application allowed. Applicants appointed as guardians and managers of JNK and her estate. No order as to costs.
- Judges
- EKO Ogola
- Legal Topics
- Mental Health Act Applications, Guardianship of Adults, Management of Estates, Capacity and Cognition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lilian Gathoni Kimani
Applicant
Esther Nyambura Kimani
Applicant
JNK
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Guardianship and Management Application
Legal Issues
- 1 Whether JNK suffers from a mental disorder as defined under the Mental Health Act.
- 2 Whether the applicants should be appointed as guardians and managers of JNK and her estate.
- 3 Whether the applicants should be granted access to JNK's funds for her care and estate management.
Ratio Decidendi
The court found, based on the uncontroverted medical evidence and affidavits, that JNK suffers from a mental disorder within the meaning of the Mental Health Act, resulting in diminished mental capacity and inability to manage her own affairs. The applicants, being her daughters and with the consent of all surviving children, were deemed suitable to be appointed as guardians and managers of her estate. The court exercised its discretion under Section 27 of the Mental Health Act to make orders for the protection and management of JNK's person and property, ensuring her welfare and the proper administration of her estate.
Court Disposition
Application allowed. Applicants appointed as guardians and managers of JNK and her estate. No order as to costs.
Orders
- JNK is declared a person suffering from a mental disorder within the definition of the Mental Health Act.
- Lilian Gathoni Kimani and Esther Nyambura Kimani are appointed guardians of JNK.
Full Case Text
Judgment text and source record
27 paragraphs
In re JNK (A Person Suffering from a Mental Illness) (Miscellaneous Application E266 of 2023) [2024] KEHC 15505 (KLR) (Family) (30 April 2024) (Ruling)
Neutral citation: [2024] KEHC 15505 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E266 of 2023
EKO Ogola, J
April 30, 2024
In the matter of
Lilian Gathoni Kimani
1st Applicant
Esther Nyambura Kimani
2nd Applicant
Ruling
1. The application before this court is dated 4th December 2023. The applicants pray for the following prayers:-a.Spentb.That this honorable court do declare that the subject patient JNK does suffer from a mental disorder as defined under the Mental Health Act.c.That this Honorable Court be pleased to appoint LGK and ENK as the guardians of JNKd.That this Honorable Court be pleased to appoint LGK and ENK the applicants herein as the managers of the estate and all affairs of JNK and be authorized to administer the finances and properties of the subjecte.That the applicants be granted access to the funds in the estate of JNK to help offset the high costs incurred in the continued treatment and management of her estate.f.That the cost of this application be borne by the estate of the said JNK
2. The application was based on the grounds set out therein and the applicants’ joint affidavit. The applicants are the subject’s daughters. They deposed that their father, the subject’s husband has since died. The subject had 8 children, 6 of whom are still alive. All have consented to the prayers being sought in this application. Currently, the subjects reside with the 2nd applicant in her home in Nairobi. Before this, she resided with the 1st applicant in Gilgil for four years. The subject is 89 years of age and suffers from hypertension, diabetes and cognitive decline. According to the applicants, the subject has memory issues and is frequently paranoid. The applicants deposed that the subject’s children have always catered for the subject’s medical expenses which are approximately Kshs. 88,000/- per month.
3. The applicants deposed that the subject owns four properties namely; [Particulars Witheld]. The subject holds shares domicile in the Central Depository and Settlement Corporation Account No. [Particulars Witheld].
4. On record is a Medical Report dated 21st September 2023 by Dr. David E. Bukusi. The report confirms the applicants’ statements. The doctor stated that the subject requires assistance to bathe, to stand, and feed herself. The subject, therefore, requires the assistance of a nurse/caregiver.
Determination 5. I have considered all the material placed before me. Section 27 of the Mental Health Act states that:“1The court may make such an order as it considers necessary for the administration and management of the estate of any person with mental illness including —(a)an order making provision for the maintenance of the person;(b)an order making provision for the maintenance of members of the person’s immediate family who are dependent upon the person; and(c)an order making provision for the payment of the person’s debts.
(2)The court may appoint a manager of the estate of a person with mental illness for the purposes of safeguarding the property of that person.
(3)The court may for the purposes of section (1), appoint the supporter or the representative of the person with mental illness as the manager of the estate of the person under subsection (2).
(4)The court shall, by notice in the Gazette, inform the public of the appointment of a person as the manager of the estate of a person who is suffering from mental illness.
(5)Within fourteen days of the Gazette Notice under subsection (4), any person may lodge an objection to the person appointed as manager.”
6. The definition in Section 2 of the Act provides that:“person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes—(a)a person diagnosed with alcohol or substance use disorder; and(b)a person with suicidal ideation or behaviour;”
7. Based on the medical report and affidavit on record, I am satisfied that the subject suffers from a mental disorder and that the disorder has occasioned the diminution of her mental capacity and adversely affected her cognition and therefore ability to take care of her affairs or herself.
8. In the circumstances, the application dated 4th December 2023 is allowed and I make the following orders:-a.That JNK is a person suffering from a mental disorder within the definition of the Mental Health Act.b.That LGK and ENK are appointed to be the guardian of JNKc.That LGK and ENK are appointed to be the manager of the estate of JNKd.There will be no orders as to costsOrders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 30THDAY OF APRIL 2024E.K. OGOLAJUDGEIn the presence of:Ms. Murage for the ApplicantGisiele Muthoni Court AssistantE. OGOLA J. Page 3 of 3