- This is a petition dated 12th October 2022 initially filed by Francis Mchana, who was later substituted with ROSE CHAO RINGOMA.
- It is an application filed under Section 26 of the Mental Health Act (Cap.248) and relates to a person called JAMES MWAKUGHU SHAMBI described in the proceedings as J.M.S, (subject) and seeks the following orders:-
- A declaration that the subject herein is a patient and a person suffering from a mental disorder within the meaning of Section 2 of the Mental Health Act Cap.248 Laws of Kenya.
- An order that the petitioner be appointed as legal guardian to the subject.
- That the petitioner be granted management orders and be authorized to undertake all legal functions with regard to the financial affairs, interests and welfare of the subject.
- Costs of this application be in the cause.
- The main grounds upon which the petition was brought are that the subject has been diagnosed with a mental illness and is not capable of managing his affairs, or participating in legal proceedings, as he is a person with permanent disability.
- The application was canvassed through written submissions filed by Mtalaki Law Advocates LLP for the petitioner ROSE CHAO RINGOMA.
- It was emphasized in the said submissions that under Order 51 Rule 1 of the Civil Procedure Rules, and Section 2 and Section 26 of the Mental Health Act, this court has jurisdiction to issue the orders sought.
- Having perused and considered the petition and documents filed herein, such as a medical report signed by Dr. Felix Kimotho Medical Superintendent Moi County Referral Hospital Voi dated 27th August 2021, as well as a letter dated 6th September 2023 signed by CRISPUS MUSHANGI the Chief of Ngolia Location Voi, and I am persuaded that the prayers sought herein have merits. I will thus allow the petition and grant the prayers sought.
- Consequently, I allow the petition and order as follows:-
- This court issues a declaration that the subject herein JAMES MWAKUGHU SHAMBI (J.M.S) is a patient and a person suffering from a mental disorder within the meaning of Section 2 of the Mental Health Act, Cap.248 Laws of Kenya.
- This court orders that the petitioner ROSE CHAO RINGOMA be and is hereby appointed the legal guardian to the subject.
- The petitioner is hereby granted management orders and is authorized to undertake all legal functions with regard to the financial affairs, interests and welfare of the subject.
- The costs of the petition are in the cause.
Dated, signed and delivered this 5th day of June 2024 in open court at Voi virtually.
In the presence of:-
Alfred/Trizah – Court Assistants
Mr. Onyango holding brief for Mr. Mtalaki for petitioner