[2023] KEHC 1309 (KLR)
The court found that the applicants had provided sufficient medical evidence, including a psychiatrist's report, and supporting affidavits from family members to demonstrate that JWM is suffering from a mental disorder (Alzheimer’s Dementia) and is incapable of managing his own affairs. The court was satisfied that...
Source-derived case information.
- Citation
- [2023] KEHC 1309 (KLR)
- Parties
- Applicant: AEM; Applicant: EANM; Respondent: JWM
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E055 of 2022
- Procedural Posture
- Miscellaneous Cause / Judgment
- Outcome
- petition allowed
- Judges
- HK Chemitei
- Legal Topics
- Mental Health Guardianship, Appointment of Managers, Incapacity Due to Illness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AEM
Applicant
EANM
Applicant
JWM
Respondent
Procedural Posture
Miscellaneous Cause / Judgment
Legal Issues
- 1 Whether the applicants should be appointed as guardians and managers of the estate of JWM, a person with mental disorder.
- 2 Whether the evidence presented satisfies the requirements under the Mental Health Act for such appointment.
Ratio Decidendi
The court found that the applicants had provided sufficient medical evidence, including a psychiatrist's report, and supporting affidavits from family members to demonstrate that JWM is suffering from a mental disorder (Alzheimer’s Dementia) and is incapable of managing his own affairs. The court was satisfied that the requirements under the Mental Health Act had been met and that it was in the best interests of JWM to appoint the applicants as his guardians and managers. The court therefore allowed the petition and made orders for the applicants to jointly manage JWM's affairs, including healthcare, banking, execution of documents, and settlement of liabilities, subject to periodic...
Court Disposition
petition allowed
Orders
- AEM and EANM are appointed Managers and Guardians of JWM.
- The petitioners shall jointly manage and guard the subject in respect to healthcare, access and operation of bank accounts, execution of documents, and settlement of liabilities on behalf of JWM.
Full Case Text
Judgment text and source record
16 paragraphs
In re JWM (A Person with Mental Disorder) (Miscellaneous Cause E055 of 2022) [2023] KEHC 1309 (KLR) (28 February 2023) (Judgment)
Neutral citation: [2023] KEHC 1309 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Cause E055 of 2022
HK Chemitei, J
February 28, 2023
IN THE MATTER OF: THE MENTAL HEALH ACT CAP 248 OF THE LAWS OF KENYA AND IN THE MATTER OF: JWM (A PERSON WITH MENTAL DISORDER) AND IN THE MATTER OF: AN APPLICATION BY AEM AND EANM TO BE APPOINTED GURDIANS AND MANAGERS OF THE ESTATE OF THE SAID JWM
Judgment
1. The Applicants who are sons to the Subject herein JWM filed this Petition under the provisions of the Mental Health Act Cap 248 Laws of Kenya seeking that they be allowed to manage the Subject affairs.
2. The Supporting Affidavit of AEM shows that their father who is 78 years old is suffering from mental disorder Alzheimer’s Dementia.
3. In support of the same he had attached a copy of a Medical Report by Dr Njau J W a consultant psychiatrist dated August 4, 2022.
4. The Application is supported by his other siblings namely EANM and confirm. The only sibling who has not appended her signature is one PM.
5. Taking into totality of the affidavit evidence as presented, it is evident that the petition is meritorious.
6. In the premises, the same is hereby allowed as hereunder:1. AEM and EANM are hereby appointed Managers and Guardians of the Subject JWM2. The petitioners shall jointly manage and guard the subject in respect toa.Health Careb.Access and operate bank accountsc.Execute documents on behalf for the Subjectd.Settle liabilities, whether Statutory or otherwise on behalf of the Subject.3. They shall render periodical accounts to this Court, which should be at least bi-annual or such a time that shall be directed by this Court.4. They shall indemnify the Subject at all times.5. The matter be mentioned before the Deputy Registrar to confirm progress in the next 90 days from the date herein.
DATED, SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK ON THIS 28THDAY OF FEBRUARY, 2023. H. K. CHEMITEIJUDGE