In re F W K [2016] KEHC 2336 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

MISCELLANEOUS CIVIL CAUSE NO 56 OF 2016

IN THE MATTER OF F W K

AND

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

1. I K K

2. W K K

3. B ND K..........….....…….. APPLICANTS

R U L I N G

1. This is an application concerning F W K, an elderly lady of 86 years of age (hereinafter referred to as the Subject).  The application is brought under the Mental Health Act, Cap 248, and essentially seeks an order for the Applicant to be appointed guardians of the Subject with power to collect rental income from her immovable properties, the same to be applied for her maintenance.  The application (filed as a petition) is supported by a joint affidavit of the 3 petitioners, who are the only surviving children of the Subject.  A grandson of the subject, E K N, who is a son of a deceased daughter of the Subject, has given his consent for the orders sought in his affidavit sworn on 23rd and filed on 27/09/2016. Annexed to the supporting affidavit is a medical report dated 26/08/2016 by one Dr George K. Karanja.  His conclusions regarding the Subject are as follows –

“The lady is quite elderly.  She has pronounced physical disability.  She also has neurological deficit and pronounced dementia.  Medically she cannot be relied upon to make any meaningful and sound judgement”.

The doctor recommended that the Subject needs to have guardians to take care of her as she needs attention and care at all times.

2. I am satisfied upon the material now before the court that the Subject suffers from pronounced dementia and other mental infirmity on account of her age and physical disability, to such an extent that she is unable to take care of herself and her personal affairs.  She is fully dependent on other persons.

3. In the circumstances I have no hesitation at all in appointing the 3 Applicants as the Subject’s guardians with authority to collect on her behalf all income from her properties, the same to be applied for her maintenance and upkeep.  All other orders or declarations sought in the application are dismissed.  Those will be the orders of the court.

DATED AND SIGNED AT MURANG’A THIS 13TH DAY OF OCTOBER 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 14TH DAY OF OCTOBER 2016