[2022] KEHC 1761 (KLR)
The court found, based on the psychiatrist's report and affidavits, that WTK is unable to manage his person or estate due to mental and physical incapacity. The court was satisfied that the requirements under the Mental Health Act were met, including medical evidence and family consent. The Petitioners, being the...
Source-derived case information.
- Citation
- [2022] KEHC 1761 (KLR)
- Parties
- Applicant: GKT; Applicant: AJI; Respondent: WTK
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Petition 3 of 2021
- Procedural Posture
- Miscellaneous Petition / Ruling
- Outcome
- Petition allowed in part; Petitioners appointed as joint guardians and managers of the Subject's estate.
- Judges
- DW Mbuteti
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GKT
Applicant
AJI
Applicant
WTK
Respondent
Procedural Posture
Miscellaneous Petition / Ruling
Legal Issues
- 1 Whether the Subject, WTK, is incapable of managing his person and estate due to mental and physical incapacity.
- 2 Whether the Petitioners should be appointed as joint guardians and managers of the Subject's estate.
Ratio Decidendi
The court found, based on the psychiatrist's report and affidavits, that WTK is unable to manage his person or estate due to mental and physical incapacity. The court was satisfied that the requirements under the Mental Health Act were met, including medical evidence and family consent. The Petitioners, being the Subject's sons and with the consent of the only other child, were deemed suitable to be appointed as joint guardians and managers. The court clarified that while the Petitioners could be appointed as guardians and managers with powers to safeguard and manage the estate, any authority to institute or defend legal proceedings on behalf of the Subject must be sought separately under...
Court Disposition
Petition allowed in part; Petitioners appointed as joint guardians and managers of the Subject's estate.
Orders
- GEORGE KIMURI THEURI and ANTHONY JOSEPH IRUNGU appointed as joint guardians of WILSON THEURI KIMURI.
- GEORGE KIMURI THEURI and ANTHONY JOSEPH IRUNGU appointed as joint managers of WILSON THEURI KIMURI's estate, with powers to safeguard and protect the assets as necessary, and to expend income for the Subject's upkeep and maintenance.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
MISCELLANEOUS PETITION NO.3 OF 2021
IN THE MATTER OF WTK – SUBJECT
1. GKT
2. AJI.........................................................................................PETITIONERS
R U L I N G
1. This is a petition brought under sections 26,27 and 29 of the Mental Health Act, Cap 248 in respect to one WTK (hereinafter called the Subject). The Petitioners, GKT and AJI are sons of the Subject. The only other child of the Subject (also an adult) is CMK, and she has given consent for the orders sought in the petition. The Subject’s wife (and the mother of his three children) died on 19th December, 2015; her death certificate has been exhibited.
2. The reliefs sought in the petition are two –
(i) That the Petitioners be appointed as joint guardians of the Subject and managers of his estate, “with powers to assemble, collect, safeguard (and) protect from any destruction, wastage, disposal, alienation or interference of whatever nature with, all the properties (movable or immovable) of the (Subject)”.
(ii) That the Petitioners, as such appointed joint guardians of the Subject and managers of his estate, do have power “to institute, prosecute, or defend suits”, etc on behalf of the Subject.
3. Let me say at the outset that the second relief as sought above cannot be obtained in these proceedings. The power to institute, prosecute or defend suits will have to be obtained under the relevant provisions of the Civil Procedure Act, Cap 21 and Rules made thereunder.
4. As for the first relief sought, I have read the supporting affidavit of the Petitioners filed with the petition and have seen the documents annexed thereto, particularly the psychiatrist report on the Subject dated 06/10/2021. I have also read the further affidavit of the Petitioners filed in court on 15/10/2021.
5. I am satisfied from the material now before the court that due to his physical and mental status, the Subject is unable to take care of his person or his estate, and that therefore, as recommended by the Consultant Psychiatrist, it is necessary that a guardian for him and a manager of his estate, be appointed.
6. The court therefore hereby appoints GEORGE KIMURI THEURI and ANTHONY JOSEPH IRUNGU to be the joint guardians of the Subject, WILSON THEURI KIMURI, and also to be the joint managers of his estate, with powers to safeguard and protect the assets of the estate as may be necessary, and to expend any income due to the estate for the Subject’s upkeep and maintenance (including medical/hospital bills) as necessary. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF MARCH, 2022
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 3RD DAY OF MARCH 2022