In the Matter of the Estate of AMK [2014] KEHC 1187 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL MISCELLANEOUS APPLICATION NO. 9  OF 2014

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

AND

IN THE MATTER OF THE ESTATE OF AMK

AND

MMK……………………….................1ST APPLICANT

AMM ………………………..……….2ND APPLICANT

R U L I N G

1. In their humble petition, MMKand AMM, a wife and son to AKM respectively, seek this court’s order declaring him to be suffering from mental disorder as defined under the Mental Health Act (Cap 248) of the Laws of Kenya. As a consequence to be appointed as the managers of his estate and his guardians.

2. The said AKMis a father to ten (10) children namely:

FKM

AMM

AMM

AKM

AMM

AKM

AMM

AWM

AMM

AKM

3. Msuffers from Senile Dementia which has affected his state of mind such that he is incapable of taking care of his estate which requires representation.

4. In an affidavit in support of the application the applicants state that M was diagnosed with Senile Dementia that has rendered him incapable of managing his affairs which calls for a guardian to take care of his estate and to represent him in Civil Suit No. 262 of 2012where ownership of his estate is challenged.

5. Annexture “MKK-AMK3” is a consent signed by all family members of AM who have no objection to the applicants being granted the orders sought.

6. According to the medical report made by Dr. Donald Kokonya, Mwangangi suffers from Senile Dementia. He is aged 72 years. As a consequence he is not capable of following court proceedings due to diminished responsibility.

7. It is not in dispute that the subject of this application lacks mental stability to take care of his assets and since there is no dispute as to who should be appointed to manage the same, I make orders as follows:

I do appoint MMK and AMM as guardians of AMK.

The two (2) applicants will be in charge of management of his estate until further orders of this court.

8. It is so ordered.

DATED, SIGNED and DELIVEREDat MACHAKOS this 18THday of NOVEMBER, 2014.

L.N. MUTENDE

JUDGE