[2024] KEHC 15499 (KLR)
The court found, based on uncontroverted medical evidence and the applicants' affidavits, that PNK suffers from a mental disorder as defined by the Mental Health Act. The disorder has diminished his mental capacity and adversely affected his cognition, rendering him unable to manage his affairs or care for himself....
Source-derived case information.
- Citation
- [2024] KEHC 15499 (KLR)
- Parties
- Applicant: PN; Applicant: MNN; Applicant: ENN; Applicant: JKN; Applicant: LWN; Applicant: DNN; Respondent: PNK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E257 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Guardianship and Management of Estate Under the Mental Health Act
- Outcome
- Petition allowed. Applicants appointed as guardians and managers of PNK and his estate. No order as to costs.
- Judges
- EKO Ogola
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PN
Applicant
MNN
Applicant
ENN
Applicant
JKN
Applicant
LWN
Applicant
DNN
Applicant
PNK
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Guardianship and Management of Estate Under the Mental Health Act
Legal Issues
- 1 Whether PNK is a person suffering from a mental disorder within the meaning of the Mental Health Act.
- 2 Whether the applicants should be appointed as guardians and managers of PNK's estate.
Ratio Decidendi
The court found, based on uncontroverted medical evidence and the applicants' affidavits, that PNK suffers from a mental disorder as defined by the Mental Health Act. The disorder has diminished his mental capacity and adversely affected his cognition, rendering him unable to manage his affairs or care for himself. The court was satisfied that the statutory requirements for appointment of guardians and managers were met. Accordingly, the applicants were appointed as guardians and managers of PNK and his estate.
Court Disposition
Petition allowed. Applicants appointed as guardians and managers of PNK and his estate. No order as to costs.
Orders
- PNK is adjudged to be a person suffering from a mental disorder within the meaning of the Mental Health Act.
- PN, MNN, ENN, JKN, LWN, and DNN are appointed as guardians of PNK.
Full Case Text
Judgment text and source record
32 paragraphs
In rev PNK (Miscellaneous Application E257 of 2023) [2024] KEHC 15499 (KLR) (Family) (19 March 2024) (Ruling)
Neutral citation: [2024] KEHC 15499 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E257 of 2023
EKO Ogola, J
March 19, 2024
IN THE MATTER OF THE MENTAL HEALTH ACT CHAPTER 248 OF LAWS OF KENYA -AND- IN THE MATTER OF PNK (A PERSON SUFFERING FROM A MENTAL ILLNESS)
In the matter of
PN
1st Petitioner
MNN
2nd Petitioner
ENN
3rd Petitioner
JKN
4th Petitioner
LWN
5th Petitioner
DNN
6th Petitioner
Ruling
1. The Petition before the court is dated 21st November 2023. The applicants pray for the following orders:-a.That PNK is hereby adjudged to be a person suffering from a mental disorder under Section 26 of the Mental Health Act CAP 248 of the Laws of Kenya.b.That PN, MNN, ENN, JKN, LW, and DNN be appointed as guardians jointly and severally Mr. PNK.c.That costs of this petition be provided from the estate of Mr. PNK.
2. PNK (hereinafter referred to as ‘the patient’) was married to the late MNN. They sired one daughter, the late KWN. The petitioners are the patient’s grandchildren. The petitioners deposed that the patient is 100 years old, his mental capacity is deteriorating and he has a distorted memory of past and immediate events. Therefore, he is unable to manage his affairs. The petitioners stated that the patient owns Nairobi/Block 45/29/.
Determination 3. I have considered all the material placed before me. Section 27 of the Mental Health Act states that:-“1)The court may make such an order as it considers necessary for the administration and management of the estate of any person with mental illness including —(a)an order making provision for the maintenance of the person;(b)an order making provision for the maintenance of members of the person’s immediate family who are dependent upon the person; and(c)an order making provision for the payment of the person’s debts.(2)The court may appoint a manager of the estate of a person with mental illness for the purposes of safeguarding the property of that person.(3)The court may for the purposes of section (1), appoint the supporter or the representative of the person with mental illness as the manager of the estate of the person under subsection (2).(4)The court shall, by notice in the Gazette, inform the public of the appointment of a person as the manager of the estate of a person who is suffering from mental illness.(5)Within fourteen days of the Gazette Notice under subsection (4), any person may lodge an objection to the person appointed as manager.”
4. The definition in Section 2 of the Act provides that:“person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes—(a)a person diagnosed with alcohol or substance use disorder; and(b)a person with suicidal ideation or behaviour;”
5. The medical report from Dr. Bernard Samia of MP Shah Hospital states that the patient suffers from among other diseases, memory loss. The doctor stated that the patient’s cognitive functions are low, especially with regard to expressive speech and the ability to follow commands. Therefore, he is unable to communicate or comprehend issues effectively. Furthermore, the patient is physically weak, requires wheelchair support to move around and is dependent on assistance from a caregiver.
6. In light of the foregoing, I am satisfied that the patient suffers from a mental disorder and that the disorder has occasioned the diminution of his mental capacity and adversely affected his cognition and therefore ability to take care of his affairs or himself.
7. In the circumstances, the Petition dated 21st November 2023 is allowed and I make the following orders:-
a.That PNK is a person suffering from a mental disorder within the definition of the Mental Health Act.b.That PN, MNN, ENN, JKN, LW, and DNN are appointed to be the guardians of PNK.c.That PN, MNN, ENN, JKN, LW, and DNN are appointed to be the managers of the estate of PNK.d.There will be no orders as to costs.Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF MARCH 2024. ……………………………………E.K. OGOLAJUDGEIn the presence of:Mr. Wachira for the PetitionerGisiele Muthoni Court AssistantOGOLA J.