[2010] KEHC 2856 (KLR)
The court found that the subject, A.A, had been properly adjudicated as mentally ill by a medical board, satisfying the statutory requirements for the appointment of a guardian under the Mental Health Act, Cap 248. While the applicant sought to be appointed as sole guardian with the consent of her siblings, the...
Source-derived case information.
- Citation
- [2010] KEHC 2856 (KLR)
- Parties
- Applicant: E.A.K; Respondent: A.A; Respondent: G.O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Matrimonial Case 15 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons for Appointment of Guardian
- Outcome
- application granted in part
- Legal Topics
- Mental Capacity, Guardianship, Appointment of Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E.A.K
Applicant
A.A
Respondent
G.O
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons for Appointment of Guardian
Legal Issues
- 1 Whether the subject, A.A, should have a guardian appointed due to mental incapacity.
- 2 Whether one or more guardians should be appointed given the existence of multiple adult children.
Ratio Decidendi
The court found that the subject, A.A, had been properly adjudicated as mentally ill by a medical board, satisfying the statutory requirements for the appointment of a guardian under the Mental Health Act, Cap 248. While the applicant sought to be appointed as sole guardian with the consent of her siblings, the court exercised its discretion to appoint both E.A.K and G.O, two of the subject's adult children, as joint guardians. This approach was deemed more appropriate given the existence of other adult children, to ensure shared responsibility and prevent potential disputes. The court thus ordered the joint appointment in the best interests of the subject.
Court Disposition
application granted in part
Orders
- E.A.K and G.O are jointly appointed as guardians of A.A.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Miscellenous Case 15 of 2010
IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248
AND
IN THE MATTER OF A.A ( SUBJECT )
RULING:
Before me is a chamber Summons dated 8th February 2010 filed by E.A.K the applicant under certificate of urgency. It seeks two orders. The substantive order sought is as follows:-
THAT E.A.K be appointed as guardian in respect of Mrs.A. A.
The application was filed with a supporting affidavit sworn on 8th February 2010 by the applicant. It is deposed that the subject is a person who has been retired on medical grounds. It is disclosed in documents filed that there are three siblings of the applicant, who have also given their written consent.
I have considered the application and documents filed. The documents filed clearly show that the subject was adjudicated as mentally ill by a medical board. There is need to appoint a guardian or guardians. I am reluctant however to appoint one person as guardian of the subject, seeing that she has other adult children.
I therefore order that E.A.K and G.O (both children of the subject) be and are hereby jointly appointed as guardians of A.A.
It is so ordered.
Dated and delivered at Nairobi this 15th day of February 2010.
George Dulu
Judge.