[2009] KEHC 452 (KLR)
The court found that the only medical evidence before it, the report by Dr. Njau, the Provincial Psychiatrist, concluded that the respondent was mentally sound. The applicant's dissatisfaction with the report did not constitute grounds to disregard it, particularly as the respondent had complied with the court's...
Source-derived case information.
- Citation
- [2009] KEHC 452 (KLR)
- Parties
- Applicant: Mary Wambui Wachira; Respondent: Delfin Mwangi Wachira
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 119 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- petition dismissed with costs
- Legal Topics
- Mental Capacity, Estate Management, Mental Health Act, Guardianship, Family Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Wachira
Applicant
Delfin Mwangi Wachira
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the respondent, Delfin Mwangi Wachira, is mentally ill within the meaning of the Mental Health Act and requires compulsory psychiatric treatment.
- 2 Whether the applicant, Mary Wambui Wachira, should be appointed manager of the respondent's estate under the Mental Health Act.
Ratio Decidendi
The court found that the only medical evidence before it, the report by Dr. Njau, the Provincial Psychiatrist, concluded that the respondent was mentally sound. The applicant's dissatisfaction with the report did not constitute grounds to disregard it, particularly as the respondent had complied with the court's direction to undergo psychiatric evaluation. In the absence of credible evidence of mental illness, the statutory requirements for compulsory treatment or appointment of an estate manager under the Mental Health Act were not met. The petition was therefore without merit and was dismissed with costs.
Court Disposition
petition dismissed with costs
Orders
- The petition is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Miscellaneous Application 119 of 2008
IN THE MATTER OF SECTION 26 AND 28 OF THE MENTAL HEALTH ACT
AND
IN THE MATTER OF THE ESTATE OF DELFIN MWANGI WACHIRA (PATIENT)
MARY WAMBUI WACHIRA…………………..PETITIONER
RULING
This is a petition under Sections 26 and 28 of the Mental Treatment Act. Mary Wambui Wachira, the Petitioner, claims that her husband of some 27 years has of late started acting strangely. He is moody, abusive and has assaulted her. He has also refused to provide for his family and gone a head to deny the paternity of their two children. He is selling the family properties and claiming that some of them belong to his father.
Taking all these factors into account the Petitioner is of the view that her husband is mentally sick and seeks an order of this court to compel him to go to Dr. Njau, the Provincial Psychiatrist for treatment. She also prays that she be appointed the manager of her husband’s estate.
Upon being served with the petition, the husband was livid. He refuted the allegations of his mental illness and said that the Petitioner is trying to obfuscate the irreconcilable marital differences between them. Although he initially refused to submit himself to Dr. Njau, the Provincial Psychiatrist, he later on in his own accord went there and Dr. Njau has examined him and filed a report stating that he is mentally sound.
Upon being served with Dr. Njau’s report, the Petitioner has dismissed it on the ground that the same was given without her input. She said that Dr. Njau examined her husband in her absence and she cannot therefore accept his report.
I have considered the matter. The Petitioner claimed that her husband is mentally ill and sought an order of this court to compel him to go to Dr. Njau, the Provincial Psychiatrist, for treatment. She now does not want to accept Dr. Njau’s report because it is not what she desired. She cannot have her cake and eat it. In view of Dr. Njau’s report stating that the Petitioner’s husband is mentally sound I find no merit in this petition and I accordingly dismiss it with costs.
DATED and delivered this 5th day of November, 2009.
D. K MARAGA
JUDGE.