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JudgmentELIZABETH WANGARE KIANO VS Co-operative Bank of Kenya2 min read

ELIZABETH WANGARE KIANO VS Co-operative Bank of Kenya

High Court at Milimani High Court · · C. Kendagor

' '' This matter was filed by Elizabeth Wangare Kiano of Passport Number CK19832, a niece of Kelly Kingori Mbacio, a patient admitted in Fortis Memorial Research Institute, Gurugram, Haryana, India.
The applicant testified that Kelly is unwell and admitted in ICU.
The attending physician, Dr. Ashutosh, testified and confirmed the patient''''s medical condition, and displayed proof of hospitalization through the E-platform..
The applicant testified that she accompanied the patient during their travels, during which the patient was fully capable of handling financial transactions and making timely payments for their medical bills. However, following a sudden deterioration in the patient''''s health, he became incapacitated and is currently admitted to the hospital''''s intensive care unit.
As a result of this critical situation, the patient is unable to manage any further payments or financial responsibilities related to his treatment.
The Court issued orders directing the Cooperative Bank to verify that the account belongs to the Patient. In an affidavit dated 19th November, 2025, the Bank confirmed this information. The passport number provided matches the one submitted by the Applicant in the current court application - AK0686884. The Bank also confirmed the Bank balances.
After reviewing the application submitted by the applicant, along with the evidence provided, I find merit in the same and make the following orders;
a. Elizabeth Wangare Kiano is appointed as the legal guardian of Kelly Kingori Mbacio. The appointment is valid for 30 days.
b. The Legal guardian is authorized to make decisions regarding his medical treatment and well-being.
c. The Legal guardian is authorized to access the Patient''''s bank account with Cooperative Bank, Account No. 01100366688001 for the purpose of settling the Patient''''s medical bills at Fortis Memorial Research Institute, Gurugram, Haryana, India.
d. The guardian is permitted to withdraw a sum not exceeding Kes. Six million (6,000,000) from the aforementioned bank account for the specific purpose of settling the medical bills. The amount shall be paid directly to the Hospital account. 
e. The guardian shall not withdraw any additional sums without prior leave of this Court.
f. The bank shall honour the guardian''''s instructions for withdrawal of funds up to the authorized limit upon production of this ruling, identification proof and any other protocol as may be established by the Bank.
g. The matter will be mentioned on 18th December, 2025. The Applicant to file evidence of payment to the Hospital.
It is so ordered.

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