In re JNN (Unsound mind) [2019] KEHC 11307 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

MISC. APPLICATION NO. 67 OF 2018

IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP OF JNN  (A PERSON OF UNSOUND MIND)

PMN..........................1ST PETITIONER

HKN.........................2ND PETITIONER

JWN........................3RD  PETITIONER

JUDGMENT

1.  PMN, HKN and JWN who are children of the Subject herein JNN petitioned this court on the 6th of June 2018 pursuant to Section 26(1)of the Mental Health Act, Cap 248 and Sections 1A, 1B, 3and3Aof theCivil Procedure Rules seeking to be appointed guardians of the Subject jointly and severally and further to act as managers of his estate.

2. In an affidavit sworn by PMNon behalf of his siblings he informed the court that their mother is also elderly and resides in Murang’a this was in a bid to eliminate her from  carrying out the tasks they seek to undertake.

3. He further informed the court that their father who is not well has undergone numerous procedures due to a failed kidney and has had several bouts of cancer.  A medical report by one Dr. Paul M. Njogu was annexed in support of the averments.

4. In addition he informed the court that their father has had a long history of memory loss, poor concentration and has no short term recollection and lacked the mental capacity to sufficiently understand, absorb and retain information that would enable him make reasonable decisions, neither can he completely manage himself.

5. The court had the Subject produced in court and an occasion to engage with him and observe his demeaner.

6. Having considered the pleadings, the annextures and having seen and engaged with the Subject the court formed the opinion that the application by the Subject’s children is reasonable and warranted in the circumstances.

7. Consequently,

a) The Subject JNN be and is hereby adjudged to be a person suffering from a mental disorder.

b) PMN, HKN and JWN be and are hereby jointly appointed as guardians of the said JNN.

c) PMN, HKN and JWN be and are hereby appointed as managers of the Estate of JNN.

d) PMN, HKN and JWN as guardians and managers of the Subject JNN may execute all court papers, file and defend any litigation on behalf of the Subject JNNand preserve, protect and realise any rights of the Estate and or any of its assets.

e) Costs in the cause.

DATED, SIGNEDandDELIVEREDat NAIROBI this 16th DAY OF MAY, 2019.

…………………………………….

ALI-ARONI

JUDGE