[2024] KEHC 375 (KLR)
The court found, based on the medical reports from Prof Erastus Omayo, Dr. Juzar Hooker, and Dr. Alphonse Nabiswa, as well as affidavits from the applicant and EKK, that LWK is suffering from a mental disorder and is incapable of managing her affairs. The application was unopposed and the evidence was sufficient to...
Source-derived case information.
- Citation
- [2024] KEHC 375 (KLR)
- Parties
- Applicant: WGK; Respondent: LWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E069 of 2023
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Mental Health Act, Guardianship of Persons, Management of Estate
- 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
WGK
Applicant
LWK
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether LWK should be adjudged a person suffering from mental disorder under section 26(1) of the Mental Health Act.
- 2 Whether WGK should be appointed as guardian and manager of LWK's estate.
Ratio Decidendi
The court found, based on the medical reports from Prof Erastus Omayo, Dr. Juzar Hooker, and Dr. Alphonse Nabiswa, as well as affidavits from the applicant and EKK, that LWK is suffering from a mental disorder and is incapable of managing her affairs. The application was unopposed and the evidence was sufficient to satisfy the requirements of section 26(1) of the Mental Health Act. The court therefore adjudged LWK as a person suffering from mental disorder and appointed WGK as her guardian and manager of her estate, including both movable and immovable property.
Court Disposition
Application allowed as prayed.
Orders
- LWK is adjudged to be a person suffering from mental disorder under section 26(1) of the Mental Health Act.
- WGK is appointed as guardian of LWK and manager of her estate, including movable and immovable property.
Full Case Text
Judgment text and source record
19 paragraphs
In re LWK (Subject) (Miscellaneous Civil Application E069 of 2023) [2024] KEHC 375 (KLR) (Civ) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 375 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application E069 of 2023
HK Chemitei, J
January 25, 2024
In the matter of
WGK
Applicant
Judgment
1. In her petition dated 29th March 2023 the applicant who is a sister of the subject prayed for the following orders;(a)That the subject LWK be adjudged to be a person suffering from mental disorder under section 26(1) of the Mental Health Act Cap 248 Laws of Kenya and this honourable court do entrust unto the petitioner the maintenance and general provisions of LWK.(b)That the petitioner be appointed as the guardian of LWK and the manager of LWK estate which includes movable and immovable property.
2. The application is supported by the applicants sworn affidavit dated the same date.
3. The court was in a position to see the subject online on 14th December 2023. The court has equally perused the medical documents as contained in the supporting affidavit which included the reports by Prof Erastus Omayo, Dr. Juzar Hooker, Dr. Alphonse Nabiswa among others.
4. The court has equally perused the affidavit of EKK the brother to the subject and the applicant herein.
5. In view of the details contained in the said reports the application in is meritorious and the same is hereby allowed as prayed.
6. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 25TH DAY OF JANUARY 2024. H K CHEMITEI.JUDGE