[2020] KEHC 3403 (KLR)
The court found, based on uncontroverted medical evidence and the consent of all immediate family members, that PKI suffers from severe dementia and is incapable of managing his personal and financial affairs. The Mental Health Act empowers the court to appoint a guardian and manager for such a person. The court...
Source-derived case information.
- Citation
- [2020] KEHC 3403 (KLR)
- Parties
- Applicant: RWK; Respondent: PKI
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application Application148 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Petition for Guardianship and Management of Estate
- Outcome
- Petition allowed. RWK appointed as guardian and manager of PKI's estate.
- Judges
- A Ali-Aroni
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWK
Applicant
PKI
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Petition for Guardianship and Management of Estate
Legal Issues
- 1 Whether the court should appoint RWK as guardian of PKI, a person suffering from mental disorder.
- 2 Whether RWK should be appointed as manager of PKI's estate under the Mental Health Act.
Ratio Decidendi
The court found, based on uncontroverted medical evidence and the consent of all immediate family members, that PKI suffers from severe dementia and is incapable of managing his personal and financial affairs. The Mental Health Act empowers the court to appoint a guardian and manager for such a person. The court observed the subject and reviewed the medical report, which confirmed the hopelessness of the situation and the subject's total incapacity. In the interests of the subject's welfare and the proper management of his estate, the court appointed RWK, his wife, as both guardian and manager of the estate, with powers to manage, collect, invest, and use funds for the subject's upkeep...
Court Disposition
Petition allowed. RWK appointed as guardian and manager of PKI's estate.
Orders
- RWK is appointed as guardian of PKI.
- RWK is appointed as manager of PKI's estate with powers to manage, collect, invest, and use funds for PKI's upkeep and medical needs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
MISC. APP. NO. 148 OF 2019
IN THE MATTER OF MENTAL HEALTH ACT, CAP 248, LAWS OF KENYA
AND
IN THE MATTER OF PKI (A PERSON SUFFERING FROM MENTAL DISORDER)
AND
IN THE MATTER OF A PETITION FOR RECEPTION ORDER UNDER SECTION 11)
RWK........PETITIONER
R U L I N G
1. In a petition dated 22nd August 2019 RWK sought to be appointed as guardian of her husband PKI (“the Subject”) and manager of his properties on grounds that the subject who is 70 years has for the last 9 years suffered from dementia.
2. In a supporting affidavit the petitioner states that the Subject suffers from severe dementia and as a result she has assumed all his responsibilities including taking care of the Subject and his general upkeep.
3. The Petitioner and the Subject are parents to 3 grown up children;
i. CMK 43 years
ii. EIK – 42 years &
iii. JWK – 35 years
The daughters were present in court and gave their consent to the appointment.
4. In a notarised affidavit dated 27th November, 2019 the couple’s son who lives in the United States supported the application.
5. At the hearing of the matter the court had an opportunity of seeing and observing the Subject and sought for an updated medical report. A report dated 3rd March, 2020 by Dr. John N. Gatere was made available.
6. In the said report the doctor confirmed that he has since 16th August 2006 taken care of the Subject who suffers from severe dementia which is characterised by progress deterioration of cognitive functions, he is not able to carry out any motor activities (apraxia) and cannot recognise items (agnosia) and has no capacity of carrying out executive functions.
7. The doctor’s report gives a picture of a hopeless situation. The court having observed the Subject affirms the condition of the Subject who appears severely incapacitated.
8. Section 26of theMental Health Act, Chapter 248 of the Laws of Kenya empowers the court to make orders:
“a. For the management of the estate of any person suffering from mental disorder; and
b. For the guardianship of any person suffering from mentaldisorder by any near relative or any other suitable person.”
9. Having considered the facts of this matter and taking into consideration the health condition of the subject and for his wellbeing and that of his estate the court appoints RWK as the guardian of the Subject herein PKI.
10. The guardian so appointed is equally appointed as the manager of the estate of the Subject with powers to manage, collect, invest and use the necessary funds for the upkeep and medical needs of the Subject.
DATED, SIGNEDandDELIVEREDat NAIROBI this 30TH DAY OF JULY, 2020.
…………………………………….
ALI-ARONI
JUDGE