[2019] KEHC 11307 (KLR)
The court found, based on the pleadings, medical evidence, and direct observation of JNN, that he is suffering from a mental disorder and lacks the capacity to manage his own affairs. The applicants, being his children and having demonstrated both the need and their suitability, were found to be appropriate persons...
Source-derived case information.
- Citation
- [2019] KEHC 11307 (KLR)
- Parties
- Applicant: PMN; Applicant: HKN; Applicant: JWN; Respondent: JNN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 67 of 2018
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application granted
- Judges
- A Ali-Aroni
- Legal Topics
- Guardianship of Persons of Unsound Mind, Mental Health Act Proceedings, Appointment of Estate Managers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PMN
Applicant
HKN
Applicant
JWN
Applicant
JNN
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether JNN is a person suffering from a mental disorder within the meaning of the Mental Health Act.
- 2 Whether PMN, HKN, and JWN should be appointed as guardians and managers of JNN and his estate.
Ratio Decidendi
The court found, based on the pleadings, medical evidence, and direct observation of JNN, that he is suffering from a mental disorder and lacks the capacity to manage his own affairs. The applicants, being his children and having demonstrated both the need and their suitability, were found to be appropriate persons to be appointed as guardians and managers of his estate. The court was satisfied that the application met the requirements of the Mental Health Act and that the orders sought were in the best interests of the subject and his estate.
Court Disposition
application granted
Orders
- JNN is adjudged to be a person suffering from a mental disorder.
- PMN, HKN, and JWN are jointly appointed as guardians of JNN.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
MISC. APPLICATION NO. 67 OF 2018
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP OF JNN (A PERSON OF UNSOUND MIND)
PMN..........................1ST PETITIONER
HKN.........................2ND PETITIONER
JWN........................3RD PETITIONER
JUDGMENT
1. PMN, HKN and JWN who are children of the Subject herein JNN petitioned this court on the 6th of June 2018 pursuant to Section 26(1)of the Mental Health Act, Cap 248 and Sections 1A, 1B, 3and3Aof theCivil Procedure Rules seeking to be appointed guardians of the Subject jointly and severally and further to act as managers of his estate.
2. In an affidavit sworn by PMNon behalf of his siblings he informed the court that their mother is also elderly and resides in Murang’a this was in a bid to eliminate her from carrying out the tasks they seek to undertake.
3. He further informed the court that their father who is not well has undergone numerous procedures due to a failed kidney and has had several bouts of cancer. A medical report by one Dr. Paul M. Njogu was annexed in support of the averments.
4. In addition he informed the court that their father has had a long history of memory loss, poor concentration and has no short term recollection and lacked the mental capacity to sufficiently understand, absorb and retain information that would enable him make reasonable decisions, neither can he completely manage himself.
5. The court had the Subject produced in court and an occasion to engage with him and observe his demeaner.
6. Having considered the pleadings, the annextures and having seen and engaged with the Subject the court formed the opinion that the application by the Subject’s children is reasonable and warranted in the circumstances.
7. Consequently,
a) The Subject JNN be and is hereby adjudged to be a person suffering from a mental disorder.
b) PMN, HKN and JWN be and are hereby jointly appointed as guardians of the said JNN.
c) PMN, HKN and JWN be and are hereby appointed as managers of the Estate of JNN.
d) PMN, HKN and JWN as guardians and managers of the Subject JNN may execute all court papers, file and defend any litigation on behalf of the Subject JNNand preserve, protect and realise any rights of the Estate and or any of its assets.
e) Costs in the cause.
DATED, SIGNEDandDELIVEREDat NAIROBI this 16th DAY OF MAY, 2019.
…………………………………….
ALI-ARONI
JUDGE