[2025] KEHC 9205 (KLR)
The court determined that before making any substantive orders regarding the guardianship and management of WGC's affairs, it is essential to ensure that all interested parties, particularly JG, the second wife who has lived with the subject for 30 years, are properly served and given an opportunity to respond. The...
Source-derived case information.
- Citation
- [2025] KEHC 9205 (KLR)
- Parties
- Applicant: LNK; Applicant: ZWG; Applicant: KKG; Applicant: SCG; Respondent: JG
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E065 of 2024
- Procedural Posture
- Family Miscellaneous Application / Interlocutory Ruling on Service and Directions
- Outcome
- Interlocutory orders issued for service and directions; no final determination on guardianship or management.
- Judges
- DO Chepkwony
- Legal Topics
- Mental Health Guardianship, Appointment of Manager, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LNK
Applicant
ZWG
Applicant
KKG
Applicant
SCG
Applicant
JG
Respondent
Procedural Posture
Family Miscellaneous Application / Interlocutory Ruling on Service and Directions
Legal Issues
- 1 Whether the subject WGC should be declared a person suffering from mental disorder under the Mental Health Act.
- 2 Whether the petitioners should be appointed as guardians and managers of WGC's affairs.
- 3 Whether all necessary parties, including the second wife JG, have been properly served and given an opportunity to respond.
Ratio Decidendi
The court determined that before making any substantive orders regarding the guardianship and management of WGC's affairs, it is essential to ensure that all interested parties, particularly JG, the second wife who has lived with the subject for 30 years, are properly served and given an opportunity to respond. The court emphasized the importance of procedural fairness and compliance with the Mental Health Act, which requires notification and participation of all relevant parties in proceedings affecting a person alleged to be suffering from mental disorder. Accordingly, the court ordered the petitioners to serve JG with the petition and granted her leave to file a response, adjourning...
Court Disposition
Interlocutory orders issued for service and directions; no final determination on guardianship or management.
Orders
- Petitioners to serve JG with the petition within thirty (30) days.
- JG granted seven (7) days to file and serve her response to the petition.
Full Case Text
Judgment text and source record
23 paragraphs
In re WGC (Subject) (Family Miscellaneous Application E065 of 2024) [2025] KEHC 9205 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEHC 9205 (KLR)
Republic of Kenya
In the High Court at Kiambu
Family Miscellaneous Application E065 of 2024
DO Chepkwony, J
May 21, 2025
IN THE MATTER OF WGC (THE SUBJECT)
In the matter of
LNK
1st Petitioner
ZWG
2nd Petitioner
KKG
3rd Petitioner
SCG
4th Petitioner
Ruling
1. What is before the court for determination is the Petition dated 6th December, 2024 which seeks the following orders:a.That the subject WGC be declared as a person suffering from mental disorder resulting from a stroke pursuant to the Mental Health Act, Cap 248 Laws of Kenya.b.That the Honourable Court be pleased to appoint the Petitioners as guardians of WGC and to grant them custody, care and management of the subject.c.That this Honourable Court pleased to appoint the Petitioners as Managers of the Subject and to allow them to prosecute any suit in place of the Subject, operate any of his bank accounts, sell, dispose, lease, transfer, assign, mortgage, and or lease or offer as security or lien motor vehicles or properties which are in the subject’s names.
2. The 1st Petitioners and the other Petitioners are the wife and children of the Subject herein who suffers from dementia with comorbid hypertension characterised by poor memory on immediate and recent events as indicated in the Medical Report attached.
3. The court directed all the parties to appear in court for hearing of the Petition. On 20th May, 2025 the Petitioner’s Counsel indicated that they could not access the Subject to appear before court since he was under the care of the caregiver and he sought for court’s intervention to direct the Chief to ensure the care giver brings the Subject to court. While the matter was proceeding one Mr. Mityambo informed the court that the subject had two wives and that the Petitioner had not notified the 2nd wife JG of the present Petition and was only informed on 19th May, 2025 when the village elder informed her of the filing of the Petition. He sought for time for the necessary documents to be filed in response to the Petition after she has been served with the documents. It was further stated that the second wife has stayed with the subject for 30 years and has been surprised that the Petitioners who have been separated from the subject have filed the Petition in silent.
4. In line with the arguments raised in court on 20th May, 2025, this Court hereby issues the following orders:-a.The Petitioners to serve JG with the Petition herein within thirty (30) days from the date hereof.b.The said JG is granted leave of seven (7) days to file and serve her response to the Petition.c.All the parties including the subject himself to attend court on 10th June, 2025 for further directions and hearing before the court can issue any further orders.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 21 ST DAY OF MAY , 2025. D. O. CHEPKWONYJUDGE