In re Raphael Muinde Matata [2015] KEHC 4183 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL MISC. APPLICATION NO. 27 OF 2011

IN THE MATTER OF MENTAL HEALTH ACT (CAP 248) LAWS OF KENYA

AND

IN THE MATTER OF APPOINTING RAPHAEL MUINDE MATATA AS THE MANAGER OF THE ESTATE OF JOEL MATATA

AND

IN THE MATTER OF SETING ASIDE/VACATING ORDERS ISSUED BY THE HONOURABLE COURT ON 22/5/2012

RAPHAEL MUINDE MATATA.....….......………EX-PARTE APPLICANT

R U L I N G

1. On the 22nd May, 2012 Raphael Muinde Matatewas appointed as the Manager of the Estate of Joel Matataunder Section 33of the Mental Health Act.

2. By way of Notice of Motion dated 19th June, 2015the Ex-parte Applicant, seeks orders as follows:

That the order dated 22nd May, 2012 be set aside and/or vacated with any subsequent order(s) as concerns the execution process of the said order(s) or in any other terms that may be found fair and just.

That Raphael Muinde Matata be removed as a Manager of the Estate of Joel Matata.

That the Honourable court do grant any other further directions or terms as it may find fair and just in the circumstances.

3. The application is premised on grounds that the Applicant was appointed to manage the Estate when his father Joel Matatawas senile and/or of unsound mind.  The said Joel Matatais now deceased.  A grant of letters of administration intestate has been confirmed and the Applicant needs to distribute the Estate in accordance with the confirmed grant.  This can only be done if the court sets aside the order of the court and the orders sought are in the interest of justice.

4. The Ex-parte Applicant swore an affidavit in support of the application where he deponed inter aliathat in conjunction with other beneficiaries of the Estate of the deceased they filed a Succession Cause No. 47 of 2014and he is the sole administrator of the Estate and it is important for the Estate to be administered and distributed.

5. Looking at the order dated 22nd May, 2012by Dulu J,the Ex-parte Applicant was indeed appointed to manage the Estate of Joel Matata,now deceased.  The second part of the order reads thus:

“The Petitioner will give an account to the court and the Public Trustee within six (6) months, and every following year on the assets and liabilities of the subject Estate as required under Section 33 of the Mental Health Act, as long as he remains such a Manager as hereby appointed.”

6. I have not seen any statement of account of the Estate that the Ex-parte Applicant has managed since the year 2012 attached.  It is imperative for him to comply with the court order prior to being discharged.

7. It is so ordered.

DATED, SIGNEDand DELIVERED at MACHAKOS this 26THday of JUNE,2015.

L. N. MUTENDE

JUDGE