[2020] KEHC 2362 (KLR)
The court found, based on uncontroverted medical evidence, that RWM suffers from bipolar 1 disorder, which impairs her ability to manage her affairs and participate in company management. The Mental Health Act empowers the court to appoint a guardian and manager for such a person. The applicant, as husband and...
Source-derived case information.
- Citation
- [2020] KEHC 2362 (KLR)
- Parties
- Applicant: JNK; Respondent: RWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E021 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Mental Capacity, Guardianship, Management of Estate
- 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
JNK
Applicant
RWM
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether RWM is suffering from a mental disorder within the meaning of the Mental Health Act.
- 2 Whether JNK should be appointed as guardian and manager of RWM's estate and affairs.
- 3 Whether JNK should be authorized to act on behalf of RWM in relation to company and property matters.
Ratio Decidendi
The court found, based on uncontroverted medical evidence, that RWM suffers from bipolar 1 disorder, which impairs her ability to manage her affairs and participate in company management. The Mental Health Act empowers the court to appoint a guardian and manager for such a person. The applicant, as husband and co-director, demonstrated sufficient interest and capacity to act in this role. The court therefore adjudged RWM to be a person suffering from mental disorder and appointed JNK as her guardian and manager, with authority to sign documents on her behalf in relation to the company. Any further transactions involving immovable property require specific court approval.
Court Disposition
application allowed
Orders
- RWM is adjudged to be a person suffering from mental disorder and incapable of managing her affairs.
- JNK is appointed as guardian and manager of RWM's estate and affairs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. CAUSE NO. E021 OF 2020
IN THE MATTER OF RWM
AND
IN THE MATTER OF SECTIONS 26, 27, 28, AND 29 OF THE MENTAL HEALTH ACT CHAPTER 248 OF THE LAWS OF KENYA
RWM.............SUBJECT
AND
JNK..........PETITIONER
RULING
1. The petitioner JNK. is the husband of the subject RWM and the two are co-directors in [particulars withheld] Limited. In the petition filed before this court, the petitioner stated that the subject suffers from bipolar as a result of which she is hostile both to him and to the other members of the family. Further, that she is, on account of her condition, not able to help run and manage the limited liability company or successfully attend the directors’ meetings. He stated that she has been variously admitted into hospital for the condition, and he has taken her abroad for medical attention. The efforts have not changed her condition.
2. The petitioner annexed a medical report dated 27th July 2020 by Dr. Marx M. O. Okonji, MB. CHB (NBI) FRC Psych (UK) DPM (London) which stated that the patient was admitted at Avenue Hospital from 17th August 2019 to 21st August 2019 and from 8th September 2019 to 20th September 2019. The doctor found that she suffered from bipolar 1 disorder which presented both in depressive and manic phases. He found that during her manic phases, she had the tendency to excessively spend beyond her means and would not be able to function as a director.
3. The petitioner asked the court to adjudge the subject to be a person suffering from mental disorder, and to appoint him as the guardian and manager of her estate and affairs. He further asked that, under section 27(1)(a) of the Mental Health Act (Cap. 248), he be empowered to sign any necessary documents on her behalf in relation to [particulars withheld] Limited. Lastly, that, under the same provision, he be allowed to mortgage, charge, transfer, sell, gift, surrender or exchange any immovable property of her estate.
4. I allow the application by determining that the subject has a mental disorder and therefore unable and incapable of managing her affairs. I appoint the petitioner as guardian and manager of her estate and affairs. Further, I authorise the petitioner to sign any documents on her behalf in regard to the management of the affairs of [particulars withheld]Limited.
5. If any special permission shall be required to mortgage, charge, sell, gift, surrender or exchange any specified part of her estate, the necessary application shall be made to the court.
DATED and DELIVERED electronically at NAIROBI this 22ND OCTOBER 2020
A.O. MUCHELULE
JUDGE