In re DKK (Mentally Incapacitated) [2023] KEHC 25094 (KLR)

In re DKK (Mentally Incapacitated) (Family Miscellaneous Application E003 of 2023) [2023] KEHC 25094 (KLR) (6 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25094 (KLR)

Republic of Kenya

In the High Court at Kabarnet

Family Miscellaneous Application E003 of 2023

RB Ngetich, J

November 6, 2023

IN THE MATTER OF PETITION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE AND IN THE MATTER OF MENTAL HEALTH ACT, CAP 248, SECTION 27, 42(1) AND (2), OF THE LAWS OF KENYA AND IN THE MATTER OF THE ESTATE OF DKK (MENTALLY INCAPACITATED)

Ruling

1. The applicant RJK filed summons dated August 8, 2023 seeking to administer her father’s estate (DKK. The ground in support of the application is that the said DKK is mentally unstable and is not able to manage his affairs and estate.

2. I have perused report by Dr Imalingat Consultant Psychiatrist at Baringo County Referral Hospital. He is of the opinion that the subject DKK has schizoaffective disorder.

3. The Chief [Particulars Witheld] vide letter dated 7/7/2023 confirms that the subject has mental disorder and the family have agreed that the applicant manages his estate. Family meeting minutes of July 7, 2023 have been filed confirming that the family have agreed to have the applicant manage estate of their father. The applicants’ siblings signed consent on August 8, 2023 agreeing to applicant administering their estate.

4. In view of the above, the applicant has demonstrated that the subject is unable to manage his affairs/estate. I therefore allow the applicant to administer her father’s estate.

Final Orders:- 5. ...1. I hereby declare the subject DKK unfit to manage his estate.2. I hereby appoint RJK as administrator of the estate of DKK.3. Property of DKK to be managed for the benefit of the subject and his beneficiaries.4. Periodic accounts to be made by administrator as required by law.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 6TH DAY OF NOVEMBER 2023. …………….……………………RACHEL NGETICHJUDGEIn the presence of:Mr. Elvis – Court Assistant.Applicant present.