[2024] KEHC 369 (KLR)
The court found that the applicant had provided sufficient affidavit evidence, including medical and notarised reports, demonstrating that the subject, MWM alias MS, is suffering from mental infirmity. The court also noted that the subject was observed online and was bedridden. Based on the totality of the evidence,...
Source-derived case information.
- Citation
- [2024] KEHC 369 (KLR)
- Parties
- Applicant: SNK; Respondent: MWM alias MS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E231 of 2023
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Mental Incapacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SNK
Applicant
MWM alias MS
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether MWM alias MS should be adjudged a person suffering from mental infirmity under the Mental Health Act.
- 2 Whether the applicant SNK should be granted custody, care, and control of the subject and be appointed manager of the subject's estate.
Ratio Decidendi
The court found that the applicant had provided sufficient affidavit evidence, including medical and notarised reports, demonstrating that the subject, MWM alias MS, is suffering from mental infirmity. The court also noted that the subject was observed online and was bedridden. Based on the totality of the evidence, the court concluded that it was appropriate to adjudge the subject as a person suffering from mental infirmity and to appoint the applicant, SNK, as the manager of the subject's estate with general powers to deal with the estate, as well as granting custody, care, and control of the subject to the applicant.
Court Disposition
Application allowed as prayed.
Orders
- MWM alias MS is adjudged a person suffering from mental infirmity under the Mental Health Act.
- Custody, care, and control of MWM alias MS is granted to the applicant, SNK.
Full Case Text
Judgment text and source record
20 paragraphs
In re MWM alias MS (Subject) (Miscellaneous Civil Application E231 of 2023) [2024] KEHC 369 (KLR) (Civ) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 369 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application E231 of 2023
HK Chemitei, J
January 25, 2024
In the matter of
SNK
Applicant
Judgment
1. In his petition dated 24th October 2023 the applicant who is a nephew to the subject prays for the following orders;(a)That the subject herein MWM alias MS be adjudged a person suffering from mental infirmity in terms of Mental Health Act cap 248 of the Laws of Kenya’.(b)That this court be pleased to order that the custody, care and control of the subject herein MWM alias M Shorthouse be granted to the applicant.(c)That the petitioner/applicant herein SNK be the manager of the estate of MWM alias MS general powers to deal with the estate.(d)Costs be in the cause.
2. The application is supported by the sworn affidavit of the applicant dated the same date and the grounds thereof.
3. The court has perused the annexures to the affidavit and in particular the information from Worthing Medical Group and Association of Independent Visitors (UK) dated 26th September 2023 reports.
4. There was also a notarised report by one PML dated 3rd November 2023 in support of the application.
5. The court was also able to see online the subject on 1th November 2023 who was bedridden.
6. Taking the totality of the affidavit evidence on record, this court finds the application meritorious and the same is hereby allowed as prayed.
7. Costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 25TH JANUARY 2024. H K CHEMITEI....................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR