[2023] KEHC 25669 (KLR)
The court found that the applicants had provided sufficient medical evidence, including reports from qualified doctors, establishing that RWW is suffering from a mental disorder and is incapable of managing her own affairs. The court was satisfied that the statutory requirements under Sections 26 and 27 of the...
Source-derived case information.
- Citation
- [2023] KEHC 25669 (KLR)
- Parties
- Applicant: CWW; Applicant: PMW; Respondent: RWW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E201 of 2023
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- petition allowed
- Judges
- HK Chemitei
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CWW
Applicant
PMW
Applicant
RWW
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether RWW should be adjudged as suffering from a mental disorder under Section 26 of the Mental Health Act.
- 2 Whether CWW and PMW should be appointed as guardians and managers of RWW's affairs and estate.
- 3 Whether the applicants have satisfied the statutory requirements for such appointment.
Ratio Decidendi
The court found that the applicants had provided sufficient medical evidence, including reports from qualified doctors, establishing that RWW is suffering from a mental disorder and is incapable of managing her own affairs. The court was satisfied that the statutory requirements under Sections 26 and 27 of the Mental Health Act had been met. The applicants, being close family members, were deemed suitable to be appointed as guardians and managers of RWW's estate. The court further imposed a safeguard that the applicants must seek court approval before charging or selling any immovable property belonging to RWW, ensuring continued judicial oversight and protection of the subject's interests.
Court Disposition
petition allowed
Orders
- RWW is adjudged a person suffering from mental disorder under Section 26 of the Mental Health Act.
- CWW and PMW are appointed guardians of RWW.
Full Case Text
Judgment text and source record
21 paragraphs
In re RWW (Subject) (Miscellaneous Application E201 of 2023) [2023] KEHC 25669 (KLR) (Family) (22 November 2023) (Judgment)
Neutral citation: [2023] KEHC 25669 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E201 of 2023
HK Chemitei, J
November 22, 2023
IN THE MATTER OF MENTAL HEALTH ACT CAP 248 LAWS OF KENYA AND IN THE MATTER OF RWW (SUBJECT)
In the matter of
CWW
1st Applicant
PMW
2nd Applicant
Judgment
1. In their petition dated 19th September 2023 the petitioners pray for the following reliefs:-(a)That RWW be and is hereby adjudged to be a person suffering from a mental disorder under Section 26 of the Mental Health Act.(b)That this court be pleased to appoint Mr CWW and Mr PMW as guardians of the affairs of RWW in accordance with the Mental Health Actwith powers to sign, access, withdraw, execute, and or carry out any act incidental to the affairs of the subject.(c)This court be pleased to appoint Mr CWW and PMW as managers of the estate of the subject RWW with special permission pursuant to Section 27(1) of the Mental Health Act to charge, sell, gift, surrender, transfer, exchange or otherwise deal with any movable or immovable property comprised in the subjects estate.(d)Costs be provided.
2. The petition is supported by the sworn affidavit of CWW dated 19th September 2023 together with the annexures thereto.
3. The affidavit evidence indicates that the subject who is the wife and mother to the applicants respectively has been diagnosed with somatic and psychiatric decease and is currently bedridden. The court was able to see her virtually on bed and being nursed by her caretaker and in the presence of the petitioners.
4. The documentary medical evidence and reports by Dr. J K Mutiso of Gilead Mental Health Consultants and Dr. Irungu Shango from Karen hospital speak as much. Section 26 and 28 (1) of the Mental Health Act and other related sections in my view have been satisfied by the applicants.
5. The sum total of that facts and the law herein satisfies this court that the petition is meritorious and the same is hereby allowed as follows.(a)The subject herein RWW is adjudged a person suffering from mental disorder as provided by Section 26 of the Mental Health Act.(b)CWW and PMW are hereby appointed guardians of the subject RWW.(c)The two above are authorised to manage and execute the subject’s estate including dealing with her movable and immovable estate and carry out any incidentals for the benefit of the subject.(d)The petitioners shall however not charge or sale any of the subject’s immovable property, if any, without seeking the approval from this court.(e)costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 22ND DAY OF NOVEMBER 2023. H K CHEMITEIJUDGE