IN THE MATTER OF THE MENTAL HEALTH ACT, & ANOTHER VWINFRED NJERI MWAI [2009] KEHC 2188 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

ELECTION PETITION 400 OF 2009

IN THE MATTER OF THE MENTAL HEALTH ACT,

CAP 248 OF THE LAWS OF KENYA

AND

IN THE MATTER OF JAMES KARIMI GIKINGO

AND

IN THE MATTER OF A PETITION BY

WINFRED NJERI MWAI .......................................PETITIONER

R U L I N G

Upon inquiry that I conducted yesterday, 4th June 2009, I find that JAMES KARIMI GIKINGO, the Petitioner’s husband herein to whom this inquiry relates, is suffering from mental disorder to such an extent as to be incapable of managing his affairs.  I further find that he is capable of managing himself, and is not dangerous to himself or to others, nor likely to act in a manner offensive to public decency.

In the circumstances, I will make the following orders for the management of the estate of the said JAMES KARIMI GIKINGO for proper provision for his own maintenance and for the maintenance of his wife (the Petitioner) and his two youngest children who are still dependent on him.

1.         The Petitioner, WINFRED NJERI MWAI, is hereby appointed the guardian of her husband, JAMES KARIMI GIKINGO.

2.         As such guardian the Petitioner is hereby authorised to have full access, whether directly from his employer or through any bank account, to the salary and any other income of JAMES KARIMI GIKINGO.

3.         The Petitioner is otherwise authorised to manage the estate of JAMES KARIMI GIKINGO until he is capable of managing his own affairs or the further order of the court.

DATED AT NAIROBI THIS 4TH DAY OF JUNE, 2009

H. P. G. WAWERU

J U D G E

DELIVERED THIS 5TH DAY OF JUNE, 2009