[2019] KEHC 10084 (KLR)
The court found, based on the uncontroverted affidavit evidence and the psychiatric report by Dr. Peter N. Njagi, that PMM suffers from a psychotic condition resulting in diminished intellectual function and inability to make rational decisions. The petitioners, being close family members and administrators of the...
Source-derived case information.
- Citation
- [2019] KEHC 10084 (KLR)
- Parties
- Applicant: RWK; Applicant: NANK; Respondent: PMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 138 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Petition for Appointment of Guardians and Managers
- Outcome
- petition allowed; applicants appointed as joint guardians and managers of the subject and his estate
- Legal Topics
- Mental Capacity, Guardianship of Adults, Estate Management, Court Appointed Managers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWK
Applicant
NANK
Applicant
PMM
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Petition for Appointment of Guardians and Managers
Legal Issues
- 1 Whether the subject, PMM, is incapable of managing his affairs due to mental incapacity.
- 2 Whether the petitioners, RWK and NANK, are fit and proper persons to be appointed as joint guardians and managers of PMM and his estate.
- 3 Whether the orders sought under the Mental Health Act should be granted.
Ratio Decidendi
The court found, based on the uncontroverted affidavit evidence and the psychiatric report by Dr. Peter N. Njagi, that PMM suffers from a psychotic condition resulting in diminished intellectual function and inability to make rational decisions. The petitioners, being close family members and administrators of the estate, have demonstrated their suitability and commitment to PMM's welfare. The statutory requirements under the Mental Health Act for appointment of guardians and managers were satisfied. Accordingly, the court exercised its discretion to appoint RWK and NANK as joint guardians and managers of PMM and his estate, with specific powers as set out in the petition.
Court Disposition
petition allowed; applicants appointed as joint guardians and managers of the subject and his estate
Orders
- RWK and NANK are appointed as joint managers and guardians of PMM.
- The appointed guardians shall manage PMM's health care.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS APPLICATION CAUSE NO. 138 OF 2018
IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 OF THE LAWS OF KENYA
AND
IN THE MATTER OF PMM
IN THE MATTER OF AN APPLICATION BY RWK AND NANK (PETITIONERS) TO BE APPOINTED GUARDIANS AND MANAGERS OF THE ESTATAE OF THE SAID PMM
PETITION FOR APPOINTMENT OF MANAGERS AND GUARDIANS UNDER SECTIONS 26, 27, 28 & 29 OF THE MENTAL HEALTH ACT, CAP 248 OF THE LAWS OF KENYA AND ALL ENABLING PROVISIONS OF LAW
RULING
1. The Petitioners/Applicants RWK and NANK (hereafter referred to as the Petitioners) have petitioned this Court under Sections 26, 27 and 29 of the Mental Health Act (Cap 248 of the Laws of Kenya) seeking the following orders.
(i) THAT the Petitioners be appointed as managers and guardians of the subject namely PMM (herein referred to as the subject)
(ii) THAT the Petitioners shall jointly act as managers and guardians in accordance with the directions of this Court and in particular the following;
a) Manage the Subject’s health case
b) Have access and operate the Subject’s bank accounts.
c) Execute documents on behalf of the subject
d) Make decisions regarding the Subject’s inherited estate with approval and directions of the Court.
e) Make decisions and handle the subject’s Statutory Payments to the Government with regards to the Subject’s NHIF, rental income tax, leases, agreements, Stamp duty and capital gains tax.
f) That the Costs and Legal fees of this application be provided for from the Subject’s Estate.
2. The Petition is supported by the Affidavit of the 1st Petitioner sworn on 9th October, 2018 in which she has deposed as follows:
(i) THAT the Petitioners in this case are biological siblings of the subject together with SMK who lives in the United States of America.
(ii) THAT the Petitioners are the administrators of the Estate of their parents in Succession Cause No. 2521 of 2009.
(iii) THAT the Subject herein has for a long time had health issues due to prolonged alcohol abuse and has needed family support and care which the Petitioners have provided for a long time.
(iv) THAT DOCTOR PETER N. NJAGI is a qualified Psychiatrist who runs a drug abuse Rehabilitation and Treatment Centre examined the current mental state of the Subject which revealed acute mental symptoms of Psychotic condition including being overly aggressive, flights of ideas, grandiose, delusion, and hallucinations which have affected his intellectual functions and diminished his ability to make rational decisions.
(v) THAT the Subject is now totally dependent upon the family for his physical and emotional well being.
(vi) THAT the Petitioners believe they are fit and proper persons to be appointed as guardians and managers jointly in respect of the subject.
3. I have considered the submissions by the Petitioners herein together with the affidavit in support of the Petition. I have also taken into account the report by Dr. Peter N. Njagi of Brightside Drug Abuse Rehabilitation and Treatment Centre.
4. I find that the Petition herein has merit and I allow it and I order that the Petitioners be and are hereby appointed as joint managers and guardians of the Subject and in particular to do the following;
(i) Manage the Subject’s health care
(ii) Have access and operate the Subject’s bank accounts.
(iii) Execute documents on behalf of the subject
(iv) Make decisions regarding the Subject’s inherited estate with approval and directions of the Court.
(v) Make decisions and handle the subject’s Statutory Payments to the Government with regards to the Subject’s NHIF, rental income tax, leases, agreements, Stamp duty and capital gains tax.
(vi) That the Costs and Legal fees of this application be provided for from the Subject’s Estate.
Orders to issue accordingly.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 8TH DAY OF FEBRUARY, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI