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1. On 8th September 2025, the applicant submitted an application under the vacation rules. She subsequently prompted the court through a second certificate of urgency; the matter was certified as urgent, and this ruling is on the Notice of Motion Application dated 8th September 2025.
2. The matter relates to MSNS, an adult female who is suffering from schizophrenia, and the applicant is her biological sister.
3. In the present application, the applicant is seeking interim orders to access the subject’s bank accounts to offset the medical costs at Oasis Mental Health Limited, where the interim bill is at Kshs. 534, 914/-
4. The medical bill was a result of the subject’s admission to the hospital on 29th July 2025. As per the correspondence from the hospital, she was ready for discharge and subsequent management was to apply as at 5th September 2025, but the family could not raise the bill which subsequently grew further as they tried to raise the funds.
5. The applicant has provided evidence of the family’s efforts to pay off an initial sum and further demonstrated the attempts they made to try and secure money from her accounts, to no avail.
6. From the evidence that was tendered in court, MSNS is incapable of safeguarding her own interests due to mental infirmity.
7. The medical report submitted shows that the subject is not in a proper mental position to take care of her affairs and her welfare. It is in the subject’s best interest that the applicant be appointed as her legal guardian and manager of her estate in the interim, as the substantive petition is filed and processed.
8. In light of the circumstances, the Court is convinced of the urgency of the matter, the subject’s condition and situation and therefore orders as follows;
i. The applicant is hereby appointed as guardian for the subject and manager of her estate pending the hearing and determination of the main petition.
ii. The applicant shall not dispose of any of the subject’s property without the court’s sanction.
iii. The applicant is required to submit a comprehensive inventory of the subject’s assets and the financial statements at the hearing of the main petition.
iv. The sum of Kes.534, 914/= (five hundred thousand thirty four thousand nine hundred fourteen shillings only) shall be paid directly to Oasis Mental Health Limited from the subject’s account at Madison Investment Managers Account No. 0105089030901.
v. Mention on 15th October 2025 to confirm filing of main petition and accounts by the applicant.
vi. Costs to be met out of the Estate of the Subject.
Delivered on 12th September 2025.
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1. On 8th September 2025, the applicant submitted an application under the vacation rules. She subsequently prompted the court through a second certificate of urgency; the matter was certified as urgent, and this ruling is on the Notice of Motion Application dated 8th September 2025.
2. The matter relates to MSNS, an adult female who is suffering from schizophrenia, and the applicant is her biological sister.
3. In the present application, the applicant is seeking interim orders to access the subject’s bank accounts to offset the medical costs at Oasis Mental Health Limited, where the interim bill is at Kshs. 534, 914/-
4. The medical bill was a result of the subject’s admission to the hospital on 29th July 2025. As per the correspondence from the hospital, she was ready for discharge and subsequent management was to apply as at 5th September 2025, but the family could not raise the bill which subsequently grew further as they tried to raise the funds.
5. The applicant has provided evidence of the family’s efforts to pay off an initial sum and further demonstrated the attempts they made to try and secure money from her accounts, to no avail.
6. From the evidence that was tendered in court, MSNS is incapable of safeguarding her own interests due to mental infirmity.
7. The medical report submitted shows that the subject is not in a proper mental position to take care of her affairs and her welfare. It is in the subject’s best interest that the applicant be appointed as her legal guardian and manager of her estate in the interim, as the substantive petition is filed and processed.
8. In light of the circumstances, the Court is convinced of the urgency of the matter, the subject’s condition and situation and therefore orders as follows;
i. The applicant is hereby appointed as guardian for the subject and manager of her estate pending the hearing and determination of the main petition.
ii. The applicant shall not dispose of any of the subject’s property without the court’s sanction.
iii. The applicant is required to submit a comprehensive inventory of the subject’s assets and the financial statements at the hearing of the main petition.
iv. The sum of Kes.534, 914/= (five hundred thousand thirty four thousand nine hundred fourteen shillings only) shall be paid directly to Oasis Mental Health Limited from the subject’s account at Madison Investment Managers Account No. 0105089030901.
v. Mention on 15th October 2025 to confirm filing of main petition and accounts by the applicant.
vi. Costs to be met out of the Estate of the Subject.
Delivered on 12th September 2025.
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