1. This file pertains to PMG, an adult male who has undergone a surgical procedure and decompressive craniotomy and is currently receiving treatment. He has been declared to be suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248).
2. JNM, the wife of PMG, was appointed by the Court as the manager of PMG’s estate on 21st November, 2024 under Section 28 of the Mental Health Act to manage his estate, including any such description of movable or immovable property, money, debts and legacies, power to execute, sign all deeds and instruments relating to evidencing the title or right to any property or giving a right to receive any money or goods. The Court ruled that the Manager may sell PMG’s property only with the Court’s approval.
3. JNM, hereinafter referred to as the Manager, has presently filed a Notice of Motion application dated 18th December, 2024. The Application was admitted to hearing during the High Court Recess due to the urgency of the matter. The application is brought under Sections 28 of the Mental Health Act, Sections 1A, 1B, and 3A of the Civil Procedure Act, Article 43 (1) (a) and (b) of the Constitution of Kenya. It seeks the following orders;
I. Spent
II. THAT this Honourable Court do and hereby approves the sale by JNM (Manager of the Estate of PMG) of Five (5) Acres of land to be excised from Land Reference Number KIMININI/********/WEKHONYE/* registered in the name of PMG.
III. THAT this honourable court be pleased to grant any other order that it may deem appropriate in the circumstances.
IV. THAT there be no orders as to costs.
4. The Manager deponed in the supporting affidavit that during the period that PMG was admitted in hospital, his hospital bill accumulated to Kenya Shillings Four Million One Hundred and Eight Thousand, One hundred and Forty-Eight (Kshs.4,108, 148/-).
5. The Manager stated that to secure the release of PMG from the hospital and raise funds for his medical expenses arising from his home-based care, the Manager borrowed Kenya Shillings Six Million (6,000,000/-) from one S.A.
6. The Manager stated that the PMG requires specialized medical and home-based care and is scheduled to undergo another major surgery at a time recommended by the doctor to return the part of the skull that was removed and preserved at the hospital. The surgery mentioned above will require the admission of PMG to the hospital.
7. The Manager prays that the Court sanctions the sale of five acres of land to be excised from Land Reference Number KIMININI/********/ BLOCK */WEKHONYE/* to enable the Manager to receive further funds that will meet the recurring medical expenses of PMG, his related expenses, the costs of future surgery and clear the debt owed to S.A.
8. The Court interviewed the Manager and PMG through the online platform. He was able to communicate and stated that he was still unwell, but his condition had improved. He was undergoing physiotherapy when the interview was conducted. He confirmed that he was scheduled to undergo another surgery and that he understood the proceedings before the court. He stated that he had given his consent for the sale of five acres. The Manager confirmed that she had effected the publication of her appointment as Manager of the Estate of PMG through Gazette Notice No. 17006 dated 27th December 2024. She stated that there is no expected protest on her appointment or capacity to manage the affairs of PMG.
9. The pleadings filed indicate that neither PMG's estate nor the Manager can raise the funds required to facilitate PMG’s medical expenses and the related expenses. The Notice of Motion Application, in my view, is well merited.
10. I make the following orders with regard to the application;
i. The Court hereby sanctions the sale of five acres of land to be excised from Land Reference Number KIMININI/********/ BLOCK */WEKHONYE/*. The remaining parcel of land shall remain in the name of PMG.
ii. An order is hereby issued granting JNM the power to execute the necessary transactional documents regarding this sale on behalf of PMG.
iii. The Manager cannot use this order to conduct any other sale.
iv. The Manager shall, when delivering the inventory as directed in the Judgment that appointed her as Manager, account for the proceeds of this sale.
11. Mention on 05th May, 2025 before the Trial Court to confirm filing of inventory and or further directions.
DATED and SIGNED at NAIROBI on this 13TH day of JANUARY, 2024.