Case ID:171010

In re JLB (Subject) [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Civil Application E073 of 2020

Parties:

In re JLB (Subject

Date Delivered:

12 Feb 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Maureen Akinyi Odero

Citation:

In re JLB (Subject) [2021] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Petition 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

MISCELLANEOUS CIVIL APPL. NO. E073 OF 2020

IN THE MATTER OF JLB (SUBJECT)

SRR................................................................ APPLICANT

RULING

(1) Before Court is the Petition dated

18

th

December 2020

by which

SRR

(“

the Petitioner

”) seeks the following orders:-

“1.

THAT

the Petitioner manage the affairs of the Patient and be granted powers in relation to the same including but not limited to accessing the Patients Bank accounts and matters relating to taxes, issues relating to the Patient.

2.

THAT

the costs of this application be in the cause.”

(2) The application was supported by the Grounds on the face of the Summons and the Affidavit of even date sworn by the Petitioner.

(3) The Petitioner appeared before the Court on the online platform on

5

th

February 2021

. She told the Court that the Subject herein

JLB

is her sister. That the Subject is currently in a Nursing Home in the

Karen area

of

Nairobi

for the past

five (5) years

as she has suffered mental issues arising from Schizophrenia. The Petitioner seeks to be granted Guardianship orders to enable her manage the affairs of the Subject and to access funds to cater for the Subjects upkeep as the Subject is not in a position to manage her own affairs.

(4)

PW2 MLL

told the Court that she too is a sister to the Subject.

PW2

lives in Sweden. She confirmed the fact that the Subject is seriously ill and has been housed in a Nursing Home in Nairobi for the past

three (3) years

.

PW2

told the Court that she is aware of and has no objection to the present application or Guardianship. She added that the petitioner was best placed to manage the affairs of the Subject.

(5)

Section 26

of the

Mental Health Act, Cap 248

provides for the situations in which Courts may make orders for custody, management and maintenance of a Patient (Subject).

Section 26

provides:-

“Order for custody, management and guardianship

(1) The court may 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 by any other suitable person.

(2) Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person.

(3) Where upon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think fit for the management of the estate of such person, including proper provision for his maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder.”

(6) I have considered the present application and I have carefully perused the documents annexed in support thereof. A confidential Medical Report dated

2

nd

November 2020

(Annexture

‘JKM1’

) from

Gilead Mental Health Consultants

confirms that the Subject suffers mental illness. Specifically the Subject has been diagnosed with Schizophrenia. It was confirmed that the Subject has been living in a Nursing facility since

March 2018.

(7) The author of the letter

Dr. J. K. Mutiso

, a Specialist Psychiatrist opined that due to the chronic mental illness the Subject has no capacity to care for herself. That her cognitive and mental capabilities have been severely compromised and that she is not in a position to manage her own affairs. The Doctor recommended that a Guardian be appointed for the Subject in accordance with the law.

(8) Annexture

‘SRR 1’

is letter of consent in support of this Petition for Guardianship signed by

RKL – B

a brother to the Subject.

(9) From the material availed to this Court it is evident that the Subject is incapable of managing her own affairs due to her mental illness. The Subject resides in a Nursing Home where payments are required not to mention payments required for medical consultation and medication.

(10) The Subject is not married and has no children. As such the Petitioner who is her sister is best placed to manage her affairs. Indeed in her Affidavit dated

18

th

December 2020

, the Petitioner has averred that she has since

2009

been assisting the Patient in making legal and financial decisions. The other siblings of the Subject have given their consent in support of this application for Guardianship.

(11) I am satisfied that the Subject

JLB

suffers from mental illness rendering her incapable of managing her own affairs. Accordingly I do allow this Petition and direct that the Petitioner

SR

is hereby appointed as Guardian to manage the Estate of the Patient, and is granted powers in accordance thereto.

Dated in

Nairobi

this

12

th

day of

February, 2021

.

.............................................

MAUREEN A. ODERO

JUDGE