[2017] KEHC 9085 (KLR)
The court held that before making a determination on the petition for guardianship and management of property, the applicant must provide a detailed affidavit listing all properties, assets, and bank accounts of the subject. This is necessary to ensure transparency and proper management of the subject's affairs...
Source-derived case information.
- Citation
- [2017] KEHC 9085 (KLR)
- Parties
- Applicant: NK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 65 of 2017
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling
- Outcome
- interlocutory orders issued; petition adjourned for further affidavit and hearing
- Judges
- AO Muchelule
- Legal Topics
- Mental Health Act, Guardianship, Custody of Persons With Disability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NK
Applicant
Procedural Posture
Miscellaneous Application / Interlocutory Ruling
Legal Issues
- 1 Whether the applicant should be appointed as guardian of P I K, a person alleged to be suffering from mental disorder.
- 2 Whether the applicant should be authorised to manage the subject's properties, assets, and bank accounts.
Ratio Decidendi
The court held that before making a determination on the petition for guardianship and management of property, the applicant must provide a detailed affidavit listing all properties, assets, and bank accounts of the subject. This is necessary to ensure transparency and proper management of the subject's affairs under the Mental Health Act. The matter is adjourned to allow the applicant to comply with this requirement.
Court Disposition
interlocutory orders issued; petition adjourned for further affidavit and hearing
Orders
- The applicant is required within 14 days to file a further affidavit particularising all the properties, assets and bank accounts of the subject.
- The petition is adjourned to 29th June 2017 for hearing.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. CAUSE NO. 65 OF 2017
IN THE MATTER OF AN APPLICATION FOR CUSTODY, MANAGEMENT AND APPOINTMENT OF A GUARDIAN
AND
IN THE MATTER OF THE MENTAL HEALTH ACT, CAP 248 OF THE LAWS OF KENYA
AND
IN THE MATTER OF P I K (A PERSON SUFFERING FROM MENTAL DISORDER)
NK……………………..PETITIONER/APPLICANT
RULING
1. The applicant NK is the brother of the subject P I K whom he has sworn that he is mentally incapacitated. He therefore requests to be appointed as the subject’s guardian to be authorised to manage his properties, assets and bank accounts.
2. Before a determination is made on the petition, the applicant is required, within 14 days, to file a further affidavit particularising all the properties, assets and bank accounts of the subject that he intends to be allowed to manage.
3. This petition is consequently adjourned to 29th June 2017 for hearing.
DATED and DELIVERED at NAIROBI this 15th day of June 2017
A. O. MUCHELULE
JUDGE