[2019] KEHC 11845 (KLR)
The court found that the current guardians had managed the subject's welfare commendably and that there was no reason to review the existing orders. However, to address concerns of isolation and suffering raised by a relative, the court appointed an additional neutral guardian, JM, with the consent of both parties....
Source-derived case information.
- Citation
- [2019] KEHC 11845 (KLR)
- Parties
- Applicant: OKK; Applicant: LMM; Respondent: JMK; Respondent: PK; Respondent: CWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 44 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Guardianship Management and Welfare Directions
- Outcome
- Guardianship arrangements confirmed with additional neutral guardian appointed; quarterly reporting and supervision ordered.
- Legal Topics
- Guardianship, Welfare of Vulnerable Persons, Court Supervision of Guardians, Family Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
OKK
Applicant
LMM
Applicant
JMK
Respondent
PK
Respondent
CWK
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Guardianship Management and Welfare Directions
Legal Issues
- 1 Whether the current guardians are managing the subject's welfare appropriately.
- 2 Whether an additional neutral guardian should be appointed to assist in management.
- 3 What reporting and supervision mechanisms should be put in place for the subject's welfare.
Ratio Decidendi
The court found that the current guardians had managed the subject's welfare commendably and that there was no reason to review the existing orders. However, to address concerns of isolation and suffering raised by a relative, the court appointed an additional neutral guardian, JM, with the consent of both parties. The court further directed that the guardians provide quarterly reports on the management of the subject and that the matter be mentioned quarterly for further directions. The court retained the power to vary or review the orders in case of emergencies, ensuring ongoing supervision and flexibility in the subject's best interests.
Court Disposition
Guardianship arrangements confirmed with additional neutral guardian appointed; quarterly reporting and supervision ordered.
Orders
- JM appointed as an additional neutral guardian to join DR M and OKK.
- The three guardians to provide quarterly reports on the management of the subject until further notice.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
MISC. APPLICATION NO. 44 OF 2018
OKK.....................................................................................1ST APPLICANT
LMM ..................................................................................2ND APPLICANT
VERSUS
JMK .................................................................................1ST RESPONDENT
PK....................................................................................2ND RESPONDENT
CWK ...............................................................................3RD RESPONDENT
RULING.
1. Following concerns raised by one of the relatives of the subject in this case namely JM who told the court on 15/7/2019 that the subject was isolated and was suffering, this court directed the Deputy Registrar to arrange a site visit and avail a report on the welfare of the subject.
2. The Report by the Deputy Registrar was filed in court on 29/7/2019 and consequently directions were given on 30/07/2019 appointing one independent family member to join DR M and OKK as guardians and managers of the subject.
3. The Report at page three stated that the Deputy Registrar conducted an interview on the subject with the aid of a nurse.
4. The Report states that the subject was well kept, living in a clean and serene environment and recommended that patient visits should be limited and well-co-ordinated.
5. This court directed DR.M to co-ordinate the visits and also appointed Mr. JM who is one of the relatives to assist him to manage the patients.
6. The reason for choosing JM is that both sides did not object to his appointment and he appears a neutral party in an acrimonious relation between the Applicants and the Respondents.
7. The Report also stated that the current guardians had done a commendable job and I find no reason to review the orders of this court.
8. However, I direct that the three (3) guardians give a report on the management of the subject quarterly until further notice.
9. I direct that the case be mentioned quarterly for further directions.
10. However, should any emergency occur, any party is at liberty to apply to this court for variation or review for the orders made on 30/7/2019.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 18TH DAY OF OCTOBER, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.