[2015] KEHC 4590 (KLR)
The court found that the respondent, Joyce Wangui Mbugua, is suffering from dementia and is unable to take care of herself or manage her property due to failing cognitive functions. The application was supported by medical evidence and unopposed. The court was satisfied that the requirements of Section 26 and 27 of...
Source-derived case information.
- Citation
- [2015] KEHC 4590 (KLR)
- Parties
- Applicant: Lucia Njeri Mwangi; Respondent: Joyce Wangui Mbugua
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 3 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Appointment of Guardian and Manager
- Outcome
- Application allowed. Applicant appointed as guardian and manager of respondent's estate, with limited powers.
- Judges
- CW Meoli
- Legal Topics
- Mental Health Guardianship, Appointment of Manager, Incapacity Due to Dementia
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucia Njeri Mwangi
Applicant
Joyce Wangui Mbugua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Guardian and Manager
Legal Issues
- 1 Whether the applicant should be appointed as guardian and manager of the respondent's estate due to the respondent's mental incapacity.
- 2 Whether the requirements under the Mental Health Act for such appointment have been satisfied.
Ratio Decidendi
The court found that the respondent, Joyce Wangui Mbugua, is suffering from dementia and is unable to take care of herself or manage her property due to failing cognitive functions. The application was supported by medical evidence and unopposed. The court was satisfied that the requirements of Section 26 and 27 of the Mental Health Act were met, justifying the appointment of the applicant, Lucia Njeri Mwangi, as guardian and manager of the respondent's estate. The court limited the manager's powers to administration, investment, or development of the estate, expressly excluding the power to sell or otherwise dispose of the property. The court also reserved the right to require periodic...
Court Disposition
Application allowed. Applicant appointed as guardian and manager of respondent's estate, with limited powers.
Orders
- The applicant is appointed as guardian of the respondent and manager of the respondent's property: GILGIL/KARUNGA BLOCK 2/147 (CHOKERERIA), GILGIL/KARUNGA BLOCK 2/294 (CHOKERERIA), and GILGIL/KARUNGA BLOCK 2/370 (CHOKERERIA).
- The manager's powers are confined to administration, investment, or development of the estate and do not include sale or other disposition of the property.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
MISCELLANEOUS CIVIL APPLICATION NO. 3 OF 2015
LUCIA NJERI MWANGI……………………………………………………APPLICANT
-VERSUS-
JOYCE WANGUI MBUGUA…………………………………………….RESPONDENT
R U L I N G
The Applicant in the Notice of Motion filed on 11th February 2015 is the adult daughter of the subject, Joyce Wangui Mbugua. Although the Applicant does not cite the Mental Health Act, her application falls under the purview of the said Act. It seeks that the Applicant be appointed as a manager or custodian of the estate of the subject who suffers from a mental illness.
I have perused the grounds on the face of the application and the affidavits sworn by the Applicant. I have also considered the medical reports on the subject, and particularly one dated 26th March 2015 as prepared by Dr. Njau J. W. a Consultant Psychiatrist at the Rift Valley Provincial General Hospital. The subject is suffering from dementia and is unable to take care of herself due to failing cognitive functions.
In the circumstances I am satisfied that this is a proper case for invoking the provisions of Section 26 and 27 of the Mental Health Act.
The court therefore appoints the Applicant as a guardian of the subject and as a manager to the subject’s property namely GILGIL/KARUNGA BLOCK 2/147 (CHOKERERIA), GILGIL/KARUNGA BLOCK 2/294 (CHOKERERIA)and GILGIL/KARUNGA BLOCK 2/370 (CHOKERERIA).
The power of the manager is confined to the administration of the estate by way of making investments or developments but does not include the sale or other disposition of the property.
The court may periodically require the manager to file accounts with the court. Leave is granted for making of further applications for connected purposes.
Delivered and signed at Naivasha this19thday ofMay,2015.
In the presence of:
The Applicant in Person
Court Assistant Stephen
C. W. MEOLI
JUDGE