[2010] KEHC 3882 (KLR)
The court found that, based on the grounds and affidavits presented by the petitioners and the provisions of section 26(1) and (3) of the Mental Health Act, there was sufficient reason to revisit its earlier ruling. The court was satisfied that authorizing the petitioners to manage the property of their mentally ill...
Source-derived case information.
- Citation
- [2010] KEHC 3882 (KLR)
- Parties
- Applicant: J. K. W; Applicant: P. N. W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 604 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Notice of Motion to Revisit Earlier Ruling and Authorize Management of Property
- Outcome
- application allowed
- Judges
- AT Sitati
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. K. W
Applicant
P. N. W
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Notice of Motion to Revisit Earlier Ruling and Authorize Management of Property
Legal Issues
- 1 Whether the court should revisit its earlier ruling to enable the petitioners to manage the affairs of their mentally ill mother.
- 2 Whether the petitioners should be authorized to manage the property of J.K.W under the Mental Health Act.
Ratio Decidendi
The court found that, based on the grounds and affidavits presented by the petitioners and the provisions of section 26(1) and (3) of the Mental Health Act, there was sufficient reason to revisit its earlier ruling. The court was satisfied that authorizing the petitioners to manage the property of their mentally ill mother, J.K.W, was justified and in accordance with the law. The application was therefore allowed as prayed, granting the petitioners the authority sought.
Court Disposition
application allowed
Orders
- The application dated 23/07/2009 is allowed in terms of prayer (a).
- The petitioners/applicants are authorized to manage the property of J.K.W, their mentally ill mother.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Miscellaneous Civil Application 604 of 2008
IN THE MATTER OF THE MENTAL HEALTH ACT
(CAP 248 OF LAWS OF KENYA
AND
IN THE MATTER OF J.W
IN THE MATTER OF C.M.W
AND
THE ESTATE OF THE LATE F.W.K
ALIAS F.S.K. K
THE ESTATE OF THE LATE E.W.W
ALIAS E.W.J
J. K. W…………………………….………………..1ST PETITIONER
P.N.W………………….…………………………..2ND PETITIONER
R U L I N G
1. The court has considered the exparte Notice of Motion dated 23/07/2009 as supported by the grounds on the face thereof and the averments in both the supporting and supplementary affidavits of the Petitioners/Applicants. The court has also considered the provisions of section 26(1) and (3) of Cap 248 Laws of Kenya. Upon these considerations, the court is satisfied that there is good reason for this court to revisit its ruling made on 3/04/2009 so that the Petitioners are able to manage the affairs of their mentally ill-mother J.K.W.
2. Accordingly the application dated 23/07/2009 is allowed in terms prayer (a) thereof. The Petitioners/Applicants be and are hereby authorized to manage the property of the said J.K.W, their mentally ill-mother.
3. The costs of this application shall be in the cause.
Orders accordingly.
Dated and delivered at Nairobi today 14/01/2010 in the presence of learned counsel Miss Kirui for the Petitioners/Applicants with the court clerk Weche being in attendance.
R.N. SITATI
JUDGE
14/01/2010