In Re the the Estate of C O O (Patient) [2014] KEHC 1295 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT KENYA AT NAIROBI

MISC. CIVIL APPLICATION NO. 78 OF 2013

IN THE MATTER OF SECTION 26 AND 28 OF THE MENTAL HEALTH ACT

AND

IN THE MATTER OF THE ESTATEOF C O O (PATIENT)

B O O………………………..1ST PETITIONER

M A O………………………2ND  PETITIONER

W O O………...……………3RD PETITIONER

JUDGMENT

1. The 1st , 2nd and 3rd Petitioners have filed this petition , they seek to be appointed as the  managers of the estate of the Patient C O O. The 1st Petitioner is the elder brother of the patient, the 2nd Petitioner is his wife and the 3rd Petitioner is his eldest son.  The petition is supported by the 1st Petitioner Mr. B O O. This is what he deposes; that the patient herein is his brother and was a person of sound mind working for gain at Kibos Industries Limited; that on the 7th February 1995 the patient suffered an industrial injury at his place of work when sacks of maize fell on him and he suffered serious cranial injuries resulting into his current mental condition.

2. That he has had treatment by various doctors but they have been able to restore his mental condition and he has been declared as a person with unsound mind.

3. The Petitioners have deponed that Civil suit CMCC No. 611 of 2003 was filed against the patients employer and they have judgment as against the said employer. The patient’s employer was ordered to pay damages of Kshs.1,591,815/-. That they have been advised by their advocate that to manage the patient’s estate they need to be appointed as managers of the patient’s estate.

4. I have read the medical report on the patient C O O dated the 8th of November 2013. It is a report by Doctor J. Omondi. It states that as a result of the accident the patient has permanent loss of speech and permanent loss of hearing; that he is unkept and has bizarre behaviour and usually leaves home and wanders around; that he has both visual and tactile hallucinations ; that despite the medications he has been put on  his condition has steadily deteriorating and that his prognosis is very poor.

5. Under section 26 of the Mental Health Act  Chapter 248 of the laws of Kenya, a court may make orders for the management of a person suffering from a mental disorder. It is evident from the medical report of Doctor Omondi that the patient is incapable of managing his affairs. This court that appoints the 3 petitioners to manage the estate of the patient C O O. The managers shall file a report every six months on the status of the patient.  No orders as to costs.

Orders accordingly.

Dated, signed and delivered this 1st day of December 2014

R. E. OUGO

JUDGE

In the presence of:-

………………….……..……………………..…..……….…For the Petitioners

…………………………………………………………….………….Court Clerk