REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU PETITION NO. 17 OF 2020 IN THE MATTER OF PETITION BY SNM........................................1ST PETITIONER CWM......................................2ND PETITIONER JWK.......................................3RD PETITIONER CG.........................................4TH PETITIONER AND IN THE MATTER OF GGSM AND IN THE MATTER OF PART XII OF THE MENTAL HEALTH ACT, CAP 248 LAWS OF KENYA RULING 1. SNM, CWM and CGM (the petitioners) have petitioned this court, moving under the Mental Health Act and seeking orders: that they be granted power to deal with the properties belonging to GGSM including his businesses and bank accounts; that the care, control and custody of GGSM be committed to the Petitioners; and that the petitioners be allowed to institute suit to protect and distribute the estate of GGSM. 2. The prayers, which are brought under the Mental Health Act Cap 248, in the petition are far reaching and cannot be entertained, in my view without this court receiving viva voce evidence. This matter was heard virtually when today’s date was given for judgment. Having considered the affidavit evidence I formed the opinion that judgment cannot be issued without viva voce evidence. 3. In view of the above finding at the reading of this Ruling the parties will be given a date when they shall attend court to give evidence. Orders accordingly. SIGNED AND DELIVERED VIRTUALLY THIS 18TH DAY OF MARCH 2021. MARY KASANGO JUDGE 18th March 2021 Before Justice Mary Kasango C/A - Kevin For Petitioners – Ms Mukonge COURT
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Ruling virtually delivered in their presence. MARY KASANGO JUDGE
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