[2025] KEHC 7260 (KLR)
The court found that the subject, Willington Kipkurgat Tek, is suffering from severe mental illness, specifically schizophrenia with dementia and severe functional impairment, as evidenced by medical reports and the court's own observation during the hearing. The applicant, Emily Jepkemei, is the legal spouse and...
Source-derived case information.
- Citation
- [2025] KEHC 7260 (KLR)
- Parties
- Applicant: Emily Jepkemei; Respondent: Willington Kipkurgat Tek
- Court
- High Court
- Court Station
- High Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E001 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Management and Administration of Estate of Person With Mental Illness
- Outcome
- application allowed
- Judges
- JR Karanja
- Legal Topics
- Mental Capacity, Next Friend Appointment, Management of Estate, Unsound Mind Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Jepkemei
Applicant
Willington Kipkurgat Tek
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Management and Administration of Estate of Person With Mental Illness
Legal Issues
- 1 Whether the applicant should be appointed as next friend and supporter for the subject, a person with mental illness, to manage and access his bank account for his benefit.
- 2 Whether the subject is incapable of protecting his interests due to mental infirmity as required under Order 32 of the Civil Procedure Rules and the Mental Health Act.
Ratio Decidendi
The court found that the subject, Willington Kipkurgat Tek, is suffering from severe mental illness, specifically schizophrenia with dementia and severe functional impairment, as evidenced by medical reports and the court's own observation during the hearing. The applicant, Emily Jepkemei, is the legal spouse and has applied to be appointed as next friend and supporter under the relevant provisions of the Civil Procedure Rules and the Mental Health Act. The court determined that the applicant meets the statutory requirements for such appointment, as the subject is incapable of protecting his interests. The application was therefore allowed to enable the applicant to access and manage the...
Court Disposition
application allowed
Orders
- The applicant is appointed as next friend and supporter of the subject for purposes of managing and accessing funds in the subject's Absa Bank account for his benefit.
- Prayers 3 and 4 of the Notice of Motion dated 17th January 2025 are granted.
Full Case Text
Judgment text and source record
21 paragraphs
In re WKT (Civil Miscellaneous Application E001 of 2025) [2025] KEHC 7260 (KLR) (23 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7260 (KLR)
Republic of Kenya
In the High Court at Kapsabet
Civil Miscellaneous Application E001 of 2025
JR Karanja, J
May 23, 2025
Between
EJ
Applicant
and
Account No [Particulars Withheld] Absa Bank
Subject
Ruling
1. Order 32 of the Civil Procedure Rules provides for suits by or against minors and person of unsound mind and Rule 15 of the provision provides for application of rules to persons of unsound mind in the following terms: -“The provisions contained in Rules 1 to 14 so far as they are applicable, shall extend to person adjudged to be of unsound mind and to persons who though not so adjudged are found by the court on inquiry by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interest when suing or being sued.”
2. The Mental Health Act [Cap 248 Laws of Kenya] provides “inter-alia” for treatment and general management of persons with mental illness and for connected purposes. Its purpose and scope includes ensuring that the rights of persons with mental illness are protected and safeguarded.
3. Section 26[1] of the Act states that: -“An application for an order for the management and administration of the estate of a person with mental illness may be made to the court, in the following order of priority by: -a.A supporter of the person with mental illness, orb.The representative of the person where the person with mental illness has not appointed a supporter.”
4. Under Section 2 of the Act a “supporter” means a person appointed under Section 31 by the person with mental illness to make decisions on behalf of the person with mental illness according to the will and preference of the person with mental illness.Herein, the Applicant, “Emily Jepkemei”, is such supporter and that is why she has applied to be the next friend of the subject Willington Kipkurgat Tek to be allowed to access and withdraw monies and fund in the subject Account No. 204XXXX352 operated by Absa Bank for the subjects’ benefit.
5. The Applicant is the legal spouse of the subject who according to the medical reports availed herein has been confirmed to be mentally ill suffering from schizophrenia with dementia and severe functional impairment.Indeed, this was confirmed by the court when the subject was presented in court at the hearing of the application. It was evident that he was severely impaired. He could not talk nor hear properly. Neither was he capable of following what was going on in the court room.
6. This application dated 17th January 2025 is therefore well merited and is hereby allowed in terms of prayer [3] and [4] of the Notice of MotionOrdered accordingly.
DATED AND DELIVERED THIS 23RD DAY OF MAY 2025HON. J. R. KARANJAHJUDGE