[2014] KEHC 1187 (KLR)
The court found, based on uncontroverted medical evidence and the consent of all family members, that AMK suffers from Senile Dementia and is incapable of managing his affairs. There being no dispute as to the applicants' suitability, the court exercised its powers under the Mental Health Act to appoint MMK and AMM...
Source-derived case information.
- Citation
- [2014] KEHC 1187 (KLR)
- Parties
- Applicant: MMK; Applicant: AMM; Respondent: AMK
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 9 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application granted
- Judges
- LN Mutende
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MMK
Applicant
AMM
Applicant
AMK
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether AMK is suffering from a mental disorder as defined under the Mental Health Act.
- 2 Whether MMK and AMM should be appointed as guardians and managers of AMK's estate.
Ratio Decidendi
The court found, based on uncontroverted medical evidence and the consent of all family members, that AMK suffers from Senile Dementia and is incapable of managing his affairs. There being no dispute as to the applicants' suitability, the court exercised its powers under the Mental Health Act to appoint MMK and AMM as guardians and managers of AMK's estate. The appointment is to remain in force until further orders of the court.
Court Disposition
application granted
Orders
- MMK and AMM are appointed as guardians of AMK.
- MMK and AMM shall manage the estate of AMK until further orders of the court.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL MISCELLANEOUS APPLICATION NO. 9 OF 2014
IN THE MATTER OF THE MENTAL HEALTH ACT (CAP 248 LAWS OF KENYA)
AND
IN THE MATTER OF THE ESTATE OF AMK
AND
MMK……………………….................1ST APPLICANT
AMM ………………………..……….2ND APPLICANT
R U L I N G
1. In their humble petition, MMKand AMM, a wife and son to AKM respectively, seek this court’s order declaring him to be suffering from mental disorder as defined under the Mental Health Act (Cap 248) of the Laws of Kenya. As a consequence to be appointed as the managers of his estate and his guardians.
2. The said AKMis a father to ten (10) children namely:
FKM
AMM
AMM
AKM
AMM
AKM
AMM
AWM
AMM
AKM
3. Msuffers from Senile Dementia which has affected his state of mind such that he is incapable of taking care of his estate which requires representation.
4. In an affidavit in support of the application the applicants state that M was diagnosed with Senile Dementia that has rendered him incapable of managing his affairs which calls for a guardian to take care of his estate and to represent him in Civil Suit No. 262 of 2012where ownership of his estate is challenged.
5. Annexture “MKK-AMK3” is a consent signed by all family members of AM who have no objection to the applicants being granted the orders sought.
6. According to the medical report made by Dr. Donald Kokonya, Mwangangi suffers from Senile Dementia. He is aged 72 years. As a consequence he is not capable of following court proceedings due to diminished responsibility.
7. It is not in dispute that the subject of this application lacks mental stability to take care of his assets and since there is no dispute as to who should be appointed to manage the same, I make orders as follows:
I do appoint MMK and AMM as guardians of AMK.
The two (2) applicants will be in charge of management of his estate until further orders of this court.
8. It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 18THday of NOVEMBER, 2014.
L.N. MUTENDE
JUDGE