Case ID:163151

In re of PKI [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Application148 of 2019

Parties:

In re of PKI

Date Delivered:

30 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

In re of PKI [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

FAMILY DIVISION

MISC. APP. NO. 148 OF 2019

IN THE MATTER OF MENTAL HEALTH ACT, CAP 248, LAWS OF KENYA

AND

IN THE MATTER OF PKI (A PERSON SUFFERING FROM MENTAL DISORDER)

AND

IN THE MATTER OF A PETITION FOR RECEPTION ORDER UNDER SECTION 11)

RWK........PETITIONER

R U L I N G

1. In a petition dated 22

nd

August 2019

RWK

sought to be appointed as guardian of her husband

PKI

(“the Subject”) and manager of his properties on grounds that the subject who is 70 years has for the last 9 years suffered from dementia.

2. In a supporting affidavit the petitioner states that the Subject suffers from severe dementia and as a result she has assumed all his responsibilities including taking care of the Subject and his general upkeep.

3. The Petitioner and the Subject are parents to 3 grown up children;

i. CMK 43 years

ii. EIK – 42 years &

iii. JWK – 35 years

The daughters were present in court and gave their consent to the appointment.

4. In a notarised affidavit dated 27

th

November, 2019 the couple’s son who lives in the United States supported the application.

5. At the hearing of the matter the court had an opportunity of seeing and observing the Subject and sought for an updated medical report. A report dated 3

rd

March, 2020 by Dr. John N. Gatere was made available.

6. In the said report the doctor confirmed that he has since 16

th

August 2006 taken care of the Subject who suffers from severe dementia which is characterised by progress deterioration of cognitive functions, he is not able to carry out any motor activities (apraxia) and cannot recognise items (agnosia) and has no capacity of carrying out executive functions.

7. The doctor’s report gives a picture of a hopeless situation. The court having observed the Subject affirms the condition of the Subject who appears severely incapacitated.

8. Section 26

of the

Mental Health Act, Chapter 248 of the Laws of Kenya

empowers the court to make orders:

“a. For the management of the estate of any person suffering from mental disorder; and

b. For the guardianship of any person suffering from mental

disorder by any near relative or any other suitable person.”

9. Having considered the facts of this matter and taking into consideration the health condition of the subject and for his wellbeing and that of his estate the court appoints

RWK

as the guardian of the Subject herein

PKI

.

10. The guardian so appointed is equally appointed as the manager of the estate of the Subject with powers to manage, collect, invest and use the necessary funds for the upkeep and medical needs of the Subject.

DATED, SIGNED

and

DELIVERED

at

NAIROBI this 30

TH

DAY OF JULY, 2020.

…………………………………….

ALI-ARONI

JUDGE