[2018] KEHC 10161 (KLR)
The court found that there was sufficient evidence, including a medical report and family testimony, to establish that J. N. M. suffers from a mental disorder as defined by the Mental Health Act. G. K., being the only sibling and having demonstrated ongoing care and support, was deemed fit and proper to be appointed...
Source-derived case information.
- Citation
- [2018] KEHC 10161 (KLR)
- Parties
- Applicant: G. K.; Respondent: J. N. M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 63 of 2018
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- petition allowed
- Judges
- A Ali-Aroni
- Legal Topics
- Guardianship of Persons of Unsound Mind, Mental Health Act Proceedings, Appointment of Legal Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G. K.
Applicant
J. N. M.
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether J. N. M. is a person suffering from a mental disorder as defined in the Mental Health Act.
- 2 Whether G. K. is fit to be appointed as the legal guardian of J. N. M.
- 3 Whether the court should appoint G. K. as the legal guardian and manager of J. N. M.'s property.
Ratio Decidendi
The court found that there was sufficient evidence, including a medical report and family testimony, to establish that J. N. M. suffers from a mental disorder as defined by the Mental Health Act. G. K., being the only sibling and having demonstrated ongoing care and support, was deemed fit and proper to be appointed as the legal guardian and manager of J. N. M.'s property. The consent of other relatives further supported the appropriateness of the appointment. The court exercised its powers under Section 26 of the Mental Health Act to grant the orders sought.
Court Disposition
petition allowed
Orders
- J. N. M. is declared a person suffering from a mental disorder as defined in the Mental Health Act.
- G. K. is declared fit to act as the legal guardian of J. N. M.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
MISC. APPLICATION NO. 63 OF 2018
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP OF
J. N. M. (A PERSON OF UNSOUND MIND)
G. K..............................................APPLICANT
JUDGMENT
1. Before court is a petition dated 22nd May, 2018 by one G. K. of P.O. Box 136 Gilgil in Kenya. The petition is brought pursuant to the Mental Health (Chapter 248) of the Laws of Kenya. The Petitioner has sought for the following prayers:
a) A declaration that J. N. M. is a person suffering from a mental disorder as defined in the Mental Health Act.
b) The Petitioner G. K. be declared as fit to act as the legal guardian of J. N. M.
c) That this honourable court be pleased to appoint G. K. of post office 136 Gilgil as legal guardian to J. N. M.
d) Costs be provided.
2. The petition was supported by an affidavit of the intended guardian dated the same day as the petition. The affidavit states that the subject suffers from mental disorder, is not expected to recover as the situation has got worse with time and cannot be able to take responsibility for herself as she lacks the competence. A medical report from Gilgil sub-County hospital states that the Subject has been under medication due to the said illness since 2009 and though her condition is controlled due to medication, the Subject is not fully independent and capable of making decisions.
3. The Applicant is the only sibling of the Subject. Both their parents are deceased. Further the Applicant is the only one who is capable of taking care of the subject which he has been doing over time. The Applicant is married to one A. W. M. who has helped the Applicant take care of his sister since they got married. The Applicant’s wife on her part informed the court when summoned that she is willing to help her husband take care of his sister.
4. Other relatives of the Subject appeared in court and gave consent to the Applicant being appointed as the legal guardian of the Subject.
5. Section 26of theMental Health Act (Cap 248)of the Laws of Kenya empowers the court to order for custody, management and guardianship of a person with a mental disorder.
6. There is ample evidence that the Subject matter herein J. N. M. suffers from a mental disorder, and the Applicant G. K. being the only sibling of the Subject matter and the closest family available he is hereby appointed as the guardian of the Subject and the manager of the Subject’s property.
Costs in the cause.
SIGNED DATEDandDELIVEREDin open court this 26th day of September, 2018.
…………………………………….
ALI-ARONI
JUDGE