[2022] KEHC 12623 (KLR)
The court found that the petitioners had provided sufficient evidence, including medical reports, to establish that BM suffers from severe schizophnemia and is incapable of managing his own affairs. The court was satisfied that the requirements of section 26 of the Mental Health Act had been met. Given BM's...
Source-derived case information.
- Citation
- [2022] KEHC 12623 (KLR)
- Parties
- Applicant: RO; Applicant: AM; Applicant: EM; Applicant: RM; Respondent: BM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E045 of 2022
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- petition allowed
- Judges
- JK Sergon
- Legal Topics
- Mental Health Guardianship, Appointment of Managers, Incapacity, Estate Management
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
RO
Applicant
AM
Applicant
EM
Applicant
RM
Applicant
BM
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether BM is suffering from a mental disorder under section 26 of the Mental Health Act, Cap 248 of the Laws of Kenya.
- 2 Whether the petitioners should be appointed as joint legal guardians and managers of BM's estate.
- 3 Whether the petitioners should be authorized as signatories to BM's bank account.
Ratio Decidendi
The court found that the petitioners had provided sufficient evidence, including medical reports, to establish that BM suffers from severe schizophnemia and is incapable of managing his own affairs. The court was satisfied that the requirements of section 26 of the Mental Health Act had been met. Given BM's condition and the close familial relationship of the petitioners, the court determined it was appropriate to appoint them as joint legal guardians and managers of BM's estate, with authority to manage his properties and bank account. The orders sought were therefore merited and granted in full.
Court Disposition
petition allowed
Orders
- BM is 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.
- RO, AM, EM and RM are appointed as the joint legal guardians of BM in accordance with the Mental Health Act.
Full Case Text
Judgment text and source record
27 paragraphs
RO & 3 others (Miscellaneous Application E045 of 2022) [2022] KEHC 12623 (KLR) (Civ) (27 July 2022) (Judgment)
Neutral citation: [2022] KEHC 12623 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Application E045 of 2022
JK Sergon, J
July 27, 2022
IN THE MATTER OF AN APPLICATION BY RO, AM, EM & RM TO BE APPOINTED GUARDIANS OVER THE AFFAIRS AND MANAGERS OF THE ESTATE OF BM
In the matter of
RO
1st Petitioner
AM
2nd Petitioner
EM
3rd Petitioner
RM
4th Petitioner
Judgment
1)The subject matter of this ruling is the petition dated January 25, 2022 in which the petitioners seek for the following orders:i.That BM 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.ii.That this honourable court be pleased to appoint RO, AM, EM and RM as the joint legal guardians of the subject in accordance with the Mental Health Act.iii.That this honourable court be pleased to appoint RO, AM, EM and RM as the joint legal managers of the estate of the subject with powers to take charge and manage BM’s properties, execute court documents as well as other relevant documents and carry out other incidental and general functions.iv.That this honourable court be pleased to appoint RO, AM, EM and RM as signatories to the bank account being, Co-operative Bank account number XXXXX, with an order for any two (2) signatories to sign and authorize payments.
2)The petitioners filed an affidavit they jointly swore in support of the petition. This court also granted leave to the petitioners to file a supplementary affidavit with annexures in respect of the Subject’s medical report
3)I have considered the grounds stated on the face of the petition plus the facts deponed in the affidavits filed in support.
4)It is the averment of the petitioners that BM the subject suffers from a mental condition which renders him unable to manage his affairs therefore there is need to appoint the petitioners as managers of his estate under section 26 of the Mental Health Act, Cap 248 Laws of Kenya.
5)It is specifically stated that the subject suffers from severe schizophnemia. It is also stated that the subject is not married and without children of his own and that he resides with one of the petitioners to ensure his safety, attendant care and upkeep.
6)Having considered the material placed before this court, I am satisfied that this is a case fit for the court to issue the orders sought for under section 26 of the Mental Health Act. It is apparent that the subject requires the attention and management by the petitioners who are close family members being brothers and a sister.
7)In the end, I find the petition dated January 25, 2022 to be meritorious. The petition is allowed thus giving rise to issuance of the following orders:i.That BM 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.ii.RO, AM, EM and RM are appointed as the joint legal guardians of the subject in accordance with the Mental Health Act.iii.RO, AM, EM and RM are appointed as the joint legal managers of the estate of the subject with powers to take charge and manage BM’s properties, execute court documents as well as other relevant documents and carry out other incidental and general functions.iv.RO, AM, EM and RM are appointed as signatories to the bank account being, Co-operative Bank account number XXXXX, with an order for any two (2) signatories to sign and authorize payments.
**DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 27TH DAY OF JULY, 2022. J. K. SERGONJUDGEIn the presence of:……………………………. for the petitioners……………………………. for the Respondent