[2008] KEHC 2660 (KLR)
The court found that the applicant had provided sufficient evidence, including a medical report from a consultant psychiatrist, establishing that Kaka Ziro Ngole suffers from severe mental illness and is incapable of managing her own affairs. The court was satisfied that the statutory requirements under Section 26...
Source-derived case information.
- Citation
- [2008] KEHC 2660 (KLR)
- Parties
- Applicant: Sulubu Ziro Ngole; Respondent: Kaka Ziro Ngole
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Appointment of Manager and Guardian
- Outcome
- application allowed
- Legal Topics
- Mental Health Guardianship, Appointment of Manager, Incapacity Due to Mental Disorder
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sulubu Ziro Ngole
Applicant
Kaka Ziro Ngole
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Manager and Guardian
Legal Issues
- 1 Whether the applicant should be appointed as manager and guardian of Kaka Ziro Ngole under the Mental Health Act.
- 2 Whether the conditions for appointment under Section 26 of the Mental Health Act have been satisfied.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence, including a medical report from a consultant psychiatrist, establishing that Kaka Ziro Ngole suffers from severe mental illness and is incapable of managing her own affairs. The court was satisfied that the statutory requirements under Section 26 of the Mental Health Act had been met, and that it had the power to grant the orders sought. Consequently, the court allowed the application and appointed the applicant as manager and guardian to manage the respondent's affairs, including the authority to dispose of part of her property to facilitate medical expenses.
Court Disposition
application allowed
Orders
- Sulubu Ziro Ngole is appointed as manager and guardian of Kaka Ziro Ngole under Section 26 of the Mental Health Act.
- The applicant is authorized to manage the affairs of Kaka Ziro Ngole, including disposal of part of Kilifi/Mtwapa/1544 to facilitate medical expenses.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISCELLANEOUS CIVIL APPLICATION 37 OF 2008
IN THE MATTER OF: KAKA ZIRO NGOLE
AND
IN THE MATTER OF: THE MENTAL HEALTH ACT (CAP 248) OFTHE LAWS OF KENYA.
R U L I N G
By a motion dated 16th January 2008, taken out pursuant to Section 26(1) (a) and (b) of the Mental Health Act and Order XXXI rule 15 and Order L rule 1 of the Civil Procedure rules, Sulubu Ziro Ngole applied to be appointed as Manager and Guardian of Kaka Ziro Ngole, a person suffering from severe mental disorder. The motion is supported by the affidavit of Sulubu Ziro Ngole sworn on 15th January 2008.
Attached to the aforesaid affidavit is the medical report prepared by Doctor C.M. Mwangome, a Consultant Psychiatrist dated 17th December 2007. In this report, Dr. Mwangome is of the opinion that Kaka Ziro Ngole, aged 50 years is suffering from severe mental illness and that she is not in a position to care for herself. The Consultant Psychiatrist came to the conclusion that the patient needed long-term medical psychiatric care and family support. For this reason Sulubu Ziro Ngole, the patient’s son has now applied for the orders to enable him manage the patient’s affairs and specifically to dispose of part of Kilifi/Mtwapa/1544 in order to facilitate the patient’s medical expenses. A copy of the title deed annexed to the affidavit in support of the motion shows that the same is registered in the name of the patient.
I have considered the oral submissions made by Mr. Maundu, learned advocate for the applicant. I have also perused the grounds set out in the motion and the facts deponed in the affidavit of support. I have carefully considered the provisions of Section 26 of the Mental Health Act and I am satisfied that this court has been given the powers to make the orders sought. I am also satisfied that the conditions required by law before granting the orders have been shown to exist. Consequently I allow the motion as prayed.
Dated and delivered at Mombasa this 28th day of March 2008.
J.K. SERGON
J U D G E
In open court in the presence of Miss Kanaga h/b for Kanyi Juma for
Applicant.