[2024] KEHC 14314 (KLR)
The court found that the applicant had provided sufficient medical evidence demonstrating that the Ward, R M N, has suffered from a mental disorder for many years and is incapable of managing his own affairs. The application was further supported by the Ward's immediate family, including his mother. The court was...
Source-derived case information.
- Citation
- [2024] KEHC 14314 (KLR)
- Parties
- Applicant: Joseph Ndesanjo; Respondent: R M N; Respondent: Ruth Ndesanjo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E120 of 2024
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Mental Capacity, Guardianship, Management of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ndesanjo
Applicant
R M N
Respondent
Ruth Ndesanjo
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant should be appointed as guardian and manager of the Ward, R M N, under the Mental Health Act.
- 2 Whether the applicant should be allowed to access and manage the Ward's bank accounts.
- 3 Whether the requirements of the Mental Health Act and Civil Procedure Rules have been satisfied.
Ratio Decidendi
The court found that the applicant had provided sufficient medical evidence demonstrating that the Ward, R M N, has suffered from a mental disorder for many years and is incapable of managing his own affairs. The application was further supported by the Ward's immediate family, including his mother. The court was satisfied that the requirements of the Mental Health Act and the Civil Procedure Rules had been met, and that it was in the best interests of the Ward for the applicant to be appointed as guardian and manager. The court therefore allowed the application as prayed, subject to compliance with Section 27 of the Mental Health Act, including gazettement of the order.
Court Disposition
application allowed
Orders
- The applicant, Joseph Ndesanjo, is appointed guardian and manager of R M N.
- The applicant is authorized to access and manage the Ward's bank accounts.
Full Case Text
Judgment text and source record
17 paragraphs
In re RMN (Miscellaneous Application E120 of 2024) [2024] KEHC 14314 (KLR) (Family) (24 October 2024) (Judgment)
Neutral citation: [2024] KEHC 14314 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E120 of 2024
HK Chemitei, J
October 24, 2024
IN THE MATTER OF AN APPLICATION/PETITON UNDER SECTIONS 2, 26, 27 AND 28 OF THE MENTAL HEALTH ACT, CAP 248, LAWS OF KENYA IN THEMATTER OF ORDER 32 RULE 15 OF THE CIVIL PROCEDURE ACT, CAP 21 LAWS OF KENYAAND THE CIVIL PROCEDURE RULES AND IN THE MATTER OF R M N............................................. (WARD) AND IN THE MATTER OF AN APPLICATION BY JOSEPH NDESANJO
Judgment
1. In his petition dated 18th June 2024 the Petitioner has sought orders that he be appointed guardian and manager of R M N, the Ward who is his brother. He has also applied that he be allowed to access the Ward’s bank accounts and manage the same.
2. The application has been supported by his sworn affidavit dated 18th June 2024 together with the annexures thereto which includes the medial documents from one Dr Nelly Kitazi of Aga Khan University Hospital Nairobi and Dr F R Owiti of Chiromo Lane medical Centre dated 3. 5.2016 and 9th September 2009 respectively.
3. The Ward’s mother Ruth Ndesanjo has equally supported the application vide her affidavit dated 18th June 2024.
4. The court has perused the said pleadings and it is evident that the Ward has suffered the decease of the mind for many years and has been under the care and support of his immediate family as he remains unmarried.
5. In the premises I find the application meritorious and allow the same as prayed.
6. The Petitioner shall ensure that he complies with Section 27 of the Mental Health Act Cap 248 of the Laws of Kenya and in particular have the matter gazetted.
DATED SIGNED AND DELIVERED VIDE VIDEO LINK AT NAIROBI THIS 24THDAY OF OCTOBER 2024H K CHEMITEIJUDGE