Hsm v Msm

HSM v MSM (Family Miscellaneous Application E240 of 2024) [2025] KEHC 4519 (KLR) (Family) (8 April 2025) (Ruling) Neutral citation: [2025] KEHC 4519 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY FAMILY MISCELLANEOUS APPLICATION E240 OF 2024 HK CHEMITEI, J APRIL 8, 2025 BETWEEN HSM .......................................................................................................... PETITIONER AND MSM .................................................................................................................. SUBJECT RULING 1. In her petition dated 18th October 2024 the petitioner seeks orders that:(a) A declaration that MSM be and is hereby adjudged to be a person suffering from mental disorder under section 26 of the Mental Health Act Cap 248. (b) This court be pleased to appoint HSM guardian and manager of Mr. MSM in accordance with the mental Health Act Cap 248 with powers to sign, access, withdraw, execute and or carry out any act incidental to the affairs of the subject. (c) Costs be provided. 2. The petition is based on the afidavits of the Applicant and one ZMI sworn on the same dates. 3. The petitioner is the sister to the subject whereas Z is the mother who has consented to the petitioner being appointed the subject guardian. 4. The court has perused the said afidavits as well as the medical reports on record in particular that of Holland Bloorview Kids Rehabilitation Hospital dated 20th February 2014 which appears comprehensive. The report shows that the subject suffered some injury during birth, “perinatal hypoxic ischemic injury.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4519/eng@2025-04-08 1

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