[2025] KEHC 2912 (KLR)
The court found that the parties had executed and filed a consent resolving the issues in dispute, specifically the setting aside of previous succession orders and the appointment of a guardian for PKM, a person suffering from mental disability. There being no objection and the consent being lawful, the court...
Source-derived case information.
- Citation
- [2025] KEHC 2912 (KLR)
- Parties
- Applicant: RMM (Legal administrator as the Estate of the late MK alias JMM); Applicant: CMM; Applicant: SMM; Respondent: PWK
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E022 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling on Adoption of Consent
- Outcome
- Consent adopted as order of the court; application allowed; previous orders set aside; guardian appointed; no order as to costs.
- Judges
- DO Chepkwony
- Legal Topics
- Guardianship, Mental Capacity, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RMM (Legal administrator as the Estate of the late MK alias JMM)
Applicant
CMM
Applicant
SMM
Applicant
PWK
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling on Adoption of Consent
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether the orders in respect of Thika Succession 322 of 2014 should be set aside.
- 3 Whether a guardian should be appointed for PKM, a person suffering from mental disability.
Ratio Decidendi
The court found that the parties had executed and filed a consent resolving the issues in dispute, specifically the setting aside of previous succession orders and the appointment of a guardian for PKM, a person suffering from mental disability. There being no objection and the consent being lawful, the court adopted the consent as an order, thereby allowing the application, setting aside the previous orders, appointing PWK as guardian, and making no order as to costs.
Court Disposition
Consent adopted as order of the court; application allowed; previous orders set aside; guardian appointed; no order as to costs.
Orders
- The applicants’ application dated 4th November, 2024 is allowed.
- Orders in respect of Thika Succession 322 of 2014, Estate of MK alias JMK are set aside.
Full Case Text
Judgment text and source record
20 paragraphs
In re PKM (Family Miscellaneous Application E022 of 2024) [2025] KEHC 2912 (KLR) (24 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2912 (KLR)
Republic of Kenya
In the High Court at Kiambu
Family Miscellaneous Application E022 of 2024
DO Chepkwony, J
February 24, 2025
In the matter of
RMM (Legal administrator as the Estate of the late MK alias JMM (Deceased)
1st Applicant
CMM
2nd Applicant
SMM
3rd Applicant
Ruling
1. The matter is for mention for parties to confirm filing of a Consent between the parties and adopt the same as an order of the court for the file to be closed.
2. Counsel for the Respondent has confirmed that they have executed and filed a Consent which they seek it be adopted.
3. In view of this, the court proceeds to adopt a Consent dated 18th December, 2024 executed between counsel for the parties herein in the following terms; that:-
a.The Applicants’ application dated 4th November, 2024 be allowed on the following terms:-i.That orders in respect of Thika Succession 322 of 2014, Estate of MK alias JMK be set aside.ii.That PWK be herein hereby appointed as a guardian to PKM (Suffering from mental disability)iii.That no order as to costs.It is so ordered.
CONSENT ADOPTED THIS 24TH DAY OF FEBRUARY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kamuiru holding brief for M/S Muibu counsel for the RespondentNo appearance by counsel for ApplicantsCourt Assistant - Martin