REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION PETITION NO.39 OF 2015 IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 LAWS OF KENYA AND IN THE MATTER OF P M M (THE SUBJECT) RULING I have considered the application before me. In essence the applicant seeks to be appointed as the Guardian of P M M. I have read the affidavit filed together with counsels oral submissions in court. The subject is said to have been diagnosed with a mental illness and that her condition has deteriorated and that she lives with the applicant. It is averred that there is a power of attorney allegedly signed by the subject donating general powers to E N M, the subject’s daughter, I note that the said E N M was not served with the application. The applicant claims that monies have been withdrawn and that the subject’s daughter has title documents and that the property can be disposed of. I understand the applicant’s fears, however, there is a party who must be made aware of what is happening in court that is E N M. The applicant has not sought an injunction to restrain the said E N M from mismanaging the subject’s properties or bank accounts. E must be served with the application so that she can respond to the applicant’s request to be made a guardian. I therefore decline to grant the orders sought. No orders as to costs. It is so ordered. Dated, signed and delivered this 22nd Day of April 2015. R. E OUGO JUDGE In the presence of: …………………………………………………….…………..The Applicant ……………………………………………………………………Court Clerk
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.