In re RN (A Person Suffering from Mental Disorder) (Miscellaneous Application E157 of 2024) [2024] KEHC 15021 (KLR) (Family) (28 November 2024) (Judgment)
Neutral citation:
[2024] KEHC 15021 (KLR)
Republic of Kenya
Miscellaneous Application E157 of 2024
HK Chemitei, J
November 28, 2024
In the matter of
VMN
Applicant
Judgment
1.In her Petition dated 31st July 2024 the petitioner has prayed for several orders which cumulatively is seeking a declaration that the ward herein be declared to be suffering from mental health and therefore requires care, support and assistance as provided under the Mental Health Act Cap 248 Laws of Kenya.
2.The said petition as well asks the court to grant the Applicant’s orders so as to manage the accounts held at Drummond Investments Bank as well as Kitheuni Company Limited.
3.The petition contains the history of the Wards mental health which includes reports from Dr Peter Mutisya Mativo and Prof. Erastus Amayo dated 19th June 2019 and 27th May 2024 respectively.
4.The two reports clearly indicate the extent of her illness and the management she desires.
5.There is also a consent from the rest of the petitioners’ siblings namely CMN and IN permitting the Applicant to make the application herein.
6.In view of the said medical evidence and the consent from the family members the court finds the petition meritorious and it is hereby allowed as prayed.
7.The petitioner must comply however with the provisions of Section 26 and 27 of the Mental Health Act cap 248 laws of Kenya.
8.Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 28TH DAY OF NOVEMBER 2024.H K CHEMITEIJUDGE