[2023] KEHC 395 (KLR)
The court found, based on the evidence presented, including the Assistant Chief's letter, marriage certificate, and medical records, that MGM is mentally incapacitated and incapable of managing his affairs. The applicant, ANG, was found to be a suitable person to be appointed as manager or guardian of MGM's estate....
Source-derived case information.
- Citation
- [2023] KEHC 395 (KLR)
- Parties
- Applicant: ANG; Respondent: MGM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E208 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Appointment of Manager or Guardian
- Outcome
- application granted
- Judges
- RB Ngetich
- Legal Topics
- Mental Health Act, Guardianship of Incapable Persons, Appointment of Manager, Estate Management, Incapacity Due to Mental Disorder
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANG
Applicant
MGM
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Manager or Guardian
Legal Issues
- 1 Whether MGM is incapable of managing his affairs due to mental disorder.
- 2 Whether ANG is a suitable person to be appointed as manager or guardian of MGM's estate.
- 3 Whether the applicant should be granted authority to operate MGM's bank account for his care and family needs.
Ratio Decidendi
The court found, based on the evidence presented, including the Assistant Chief's letter, marriage certificate, and medical records, that MGM is mentally incapacitated and incapable of managing his affairs. The applicant, ANG, was found to be a suitable person to be appointed as manager or guardian of MGM's estate. The court further determined that it was necessary and appropriate to grant ANG authority to operate MGM's bank account to facilitate his treatment, care, and the running of his family, subject to statutory requirements for periodic account statements.
Court Disposition
application granted
Orders
- ANG is appointed as Manager or Guardian of the Estate of MGM.
- ANG is authorized to operate MGM’s Account No xxxx at Family Bank, Limuru Branch.
Full Case Text
Judgment text and source record
19 paragraphs
In re MGM (Mentally Incapable Person) (Miscellaneous Civil Application E208 of 2022) [2023] KEHC 395 (KLR) (30 January 2023) (Ruling)
Neutral citation: [2023] KEHC 395 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E208 of 2022
RB Ngetich, J
January 30, 2023
IN THE MATTER OF AN APPLICATION FOR APPOINTMENT OF A MANAGER OR GUARDIAN TO THE ESTATE OF A PERSON WITH MENTAL DISORDER OR A PERSON INCAPABLE OF MANAGING HIS AFFAIRS AND IN THE MATTER OF SECTIONS 26, 27 AND 28 OF THE MENTAL HEALTH ACT, CAP 248 LAWS OF KENYA AND IN THE MATTER OF MGM (MENTALLY INCAPABLE PERSON)
In the matter of
ANG
Applicant
Ruling
1. The applicant herein ANG seeks to be appointed a Manager or Guardian to the estate of her husband MGM.
2. Ground for the application is that the subject MGM has a mental disorder making him incapable of managing his affairs.
3. The applicant wishes to be granted order to operate account No xxxx Family Bank, Limuru Branch. The intention is to get funding to facilitate treatment and care of the subject herein and running of his family.
4. The applicant filed a letter by Assistant Chief Ngaranga Sub-location who confirmed who the children of the subject are and that the applicant is married to him. The letter also confirms that the subject is mentally incapacitated. The applicant also attached marriage certificate confirming that she married the subject on August 31, 1980. The treatment record attached confirms the subject’s mental incapacity.
5. From the foregoing, I find that MGM is a person who is incapable of managing his affairs and that the applicant is suitable person to manage his affairs.
6. Final orders: -1. ANG is hereby appointed as Manager or Guardian of the Estate of MGM.2. Applicant/ANG to operate MGM’s Account No xxxx Family Bank, Limuru Branch.3. The applicant to file periodic statements of accounts as required by statute.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 30TH DAY OF JANUARY, 2023. .....................................RACHEL NGETICHJUDGEIn the presence of:Martin/Kinyua – Court AssistantsApplicant – Present