In re WTK (Subject) [2022] KEHC 1761 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

MISCELLANEOUS PETITION NO.3 OF 2021

IN THE MATTER OF WTK – SUBJECT

1. GKT

2. AJI.........................................................................................PETITIONERS

R U L I N G

1. This is a petition brought under sections 26,27 and 29 of the Mental Health Act, Cap 248 in respect to one WTK (hereinafter called the Subject). The Petitioners, GKT and AJI are sons of the Subject. The only other child of the Subject (also an adult) is CMK, and she has given consent for the orders sought in the petition. The Subject’s wife (and the mother of his three children) died on 19th December, 2015; her death certificate has been exhibited.

2. The reliefs sought in the petition are two –

(i) That the Petitioners be appointed as joint guardians of the Subject and managers of his estate, “with powers to assemble, collect, safeguard (and) protect from any destruction, wastage, disposal, alienation or interference of whatever nature with, all the properties (movable or immovable) of the (Subject)”.

(ii) That the Petitioners, as such appointed joint guardians of the Subject and managers of his estate, do have power “to institute, prosecute, or defend suits”, etc on behalf of the Subject.

3. Let me say at the outset that the second relief as sought above cannot be obtained in these proceedings. The power to institute, prosecute or defend suits will have to be obtained under the relevant provisions of the Civil Procedure Act, Cap 21 and Rules made thereunder.

4. As for the first relief sought, I have read the supporting affidavit of the Petitioners filed with the petition and have seen the documents annexed thereto, particularly the psychiatrist report on the Subject dated 06/10/2021. I have also read the further affidavit of the Petitioners filed in court on 15/10/2021.

5. I am satisfied from the material now before the court that due to his physical and mental status, the Subject is unable to take care of his person or his estate, and that therefore, as recommended by the Consultant Psychiatrist, it is necessary that a guardian for him and a manager of his estate, be appointed.

6. The court therefore hereby appoints GEORGE KIMURI THEURI and ANTHONY JOSEPH IRUNGU to be the joint guardians of the Subject, WILSON THEURI KIMURI, and also to be the joint managers of his estate, with powers to safeguard and protect the assets of the estate as may be necessary, and to expend any income due to the estate for the Subject’s upkeep and maintenance (including medical/hospital bills) as necessary. It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF MARCH, 2022

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 3RD DAY OF MARCH 2022