[2013] KEHC 4881 (KLR)

[2013] KEHC 4881 (KLR)

Upon review of the affidavits and medical evidence, the court found that Anthony Mwangi Kamau is suffering from a serious illness (brain cancer) that has rendered him bed-ridden and incapable of managing his own affairs, particularly financial transactions. The evidence was corroborated by medical reports and affidavits from close family members. The court was satisfied that the statutory requirements under the Mental Health Act for appointment of a manager were met. Accordingly, the court exercised its discretion to appoint the applicant, Bancy Wanjiru Kaguchia, as manager of the subject's estate, granting her authority to operate his bank account and generally manage his affairs for his...

Citation
[2013] KEHC 4881 (KLR)
Parties
Applicant: Bancy Wanjiru Kaguchia; Respondent: Anthony Mwangi Kamau
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 February 2013
Case Number
Miscellaneous Application 92 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Estate Manager Under the Mental Health Act
Outcome
application granted
Judges
DW Mbuteti
Legal Topics
Mental Capacity, Estate Management, Medical Incapacity
Source Language
English
Family and Children Mental Capacity Estate Management Medical Incapacity

Case Brief

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Parties

Bancy Wanjiru Kaguchia

Applicant

Anthony Mwangi Kamau

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Appointment of Estate Manager Under the Mental Health Act

Legal Issues

  1. 1 Whether the subject, Anthony Mwangi Kamau, is incapable of managing his affairs due to mental or physical incapacity.
  2. 2 Whether the applicant, Bancy Wanjiru Kaguchia, should be appointed as manager of the subject's estate under the Mental Health Act.

Ratio Decidendi

Upon review of the affidavits and medical evidence, the court found that Anthony Mwangi Kamau is suffering from a serious illness (brain cancer) that has rendered him bed-ridden and incapable of managing his own affairs, particularly financial transactions. The evidence was corroborated by medical reports and affidavits from close family members. The court was satisfied that the statutory requirements under the Mental Health Act for appointment of a manager were met. Accordingly, the court exercised its discretion to appoint the applicant, Bancy Wanjiru Kaguchia, as manager of the subject's estate, granting her authority to operate his bank account and generally manage his affairs for his...

Court Disposition

application granted

Orders

  • Bancy Wanjiru Kaguchia is appointed manager of the estate of Anthony Mwangi Kamau.
  • The manager is authorized to operate Co-operative Bank, Moi Avenue Branch A/C No 01116121838900 and sign all necessary documents for withdrawal of funds for the subject's treatment and maintenance.