[2021] KEHC 3046 (KLR)
The court found that HWG is suffering from Alzheimer's disease, a mental disorder, and is incapable of managing her personal and estate affairs. The applicants, JWG and CWG, provided a medical report confirming HWG's incapacity and obtained the consent of their siblings. There was no objection to the application....
Source-derived case information.
- Citation
- [2021] KEHC 3046 (KLR)
- Parties
- Applicant: JWG; Applicant: CWG; Respondent: HWG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E008 of 2021
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application granted
- Judges
- M Thande
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JWG
Applicant
CWG
Applicant
HWG
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether HWG is suffering from a mental disorder as defined under the Mental Health Act.
- 2 Whether the applicants should be appointed as joint guardians and managers of HWG and her estate.
- 3 Whether the applicants have satisfied the legal requirements for appointment as guardians and managers under the Mental Health Act.
Ratio Decidendi
The court found that HWG is suffering from Alzheimer's disease, a mental disorder, and is incapable of managing her personal and estate affairs. The applicants, JWG and CWG, provided a medical report confirming HWG's incapacity and obtained the consent of their siblings. There was no objection to the application. The court was satisfied that the requirements of the Mental Health Act had been met and that it was in HWG's best interests for the applicants to be appointed as joint guardians and managers of her person and estate. Accordingly, the court granted the orders sought, appointing JWG and CWG as joint guardians and managers of HWG and her estate.
Court Disposition
application granted
Orders
- JWG and CWG are appointed joint guardians and managers of HWG.
- JWG and CWG are appointed managers of the estate of HWG.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY AND PROBATE DIVISION
MISC. APPLICATION NO. E008 OF 2021
IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 LAWS OF KENYA
AND
IN THE MATTER OF HWG (A PERSON SUFFERING FROM A MENTAL DISORDER)
AND
IN THE MATTER OF AN APPLICATION BY JWG AND CWG TO BE APPOINTED AS A GUARDIAN OVER THE AFFAIRS OF THE ESTATE OF JMW
JWG ........1ST PETITIONER/APPLICANT
CWG .....2ND PETITIONER/APPLICANT
JUDGMENT
1. By an application dated 22. 3.21 brought the Applicants, JWG andCWG pray for orders of court that:
a. The application be certified urgent.
b. An Order that the Applicants be appointed the joint guardians and Managers ofHWG.
c. An Order that the Applicants be appointed the Managers of the estate ofHWG
d. There be no orders as to costs.
2. The application is premised on grounds that the HWG (hereinafter the Subject,) is suffering from Alzheimers disease, a mental disorder.
3. In his supporting affidavit sworn on even date, JWG avers that HWG (hereinafter the Subject,) is aged 73 years, a widow to the late MNG and is survived by the following children:
i. JWG –Co-Applicant herein
ii. AMG
iii. AKG, and
iv. CWG –Co-Applicant herein
The Subject was appointed the sole legal representative of her late husband ‘s estate vide vide Grant of Letters of Administration Intestate issued in her favour on 26th July, 2019 and confirmed on 19th January, 2019. That sometimes in the year 2020 the Subject was diagnosed with Alzheimers disease, a mental disorder.
4. The Applicant attached a medical report dated 23rd September, 2020 by Dr. Dilraj SinghSokhi of Aga Khan University Hospital, Nairobi in which the Dr. concluded that the Subject does not have the full cognitive and mental capacity to make her own decisions.He advised that the family do start a process of officially taking over some roles from the Subject.He also attached consents signed by AKG and AMG, their siblings consenting to the application.
5. The Applicants averred further the Subject is unable to take care of herself and her personalaffairs and the affairs of the deceased’s estate.That there is need for a guardian and Manager to manage her daily care and medical/health needs and assets and liabilities.That there is a suit pending in ELC No. 100 of 2014 MNG & 2 others vs St. Elizabeth Karen Limited where the Subject is the sole legal representative.
6. He prays that the orders be granted.
DATED, SIGNED AND DELIVERED IN NAIROBI THIS 30TH DAY OF JULY, 2021
M. THANDE
JUDGE
In the presence of: -
…………………………………………………………… for the Applicant
……………………………………………………..…….. Court Assistant