GAZETTE NOTICE NO. 9012
THE HIGH COURT OF KENYA AT NAIROBI MISCELLANEOUS CASE E227 OF 2021 IN THE MATTER OF AN APPLICATION/PETITION UNDER SECTIONS 2, 26, 27, 28 OF THE MENTAL HEALTH ACT
(Cap. 248)
APPOINTMENT
under the control of any person and also to recover any property into or for which such property has been converted or exchanged, and to further recover anything acquired howsoever by such conversion or exchange.
THAT the Honourable court be pleased to grant to the
Petitioner access to any bank account in the name of A.W.K for the purpose of maintaining her.
THAT Costs be in the cause.
THIS MATTER coming up for judgement before Hon. Lady
Justice P. M. Nyaundi on the 21st June, 2024. and upon hearing the
Cousel for the Appellant/Respondent;
IT IS HEREBY ORDERED AND DECREED ;
THAT Annunciata Waithera Kibue, the subject, is a person suffering from Mental Disorder, within the meaning of section 2 of the Mental Health Act (Cap. 248) of the Laws of Kenya.
THAT Susan Njeri Kibue, the Petitioner herein, shall have full custody and management over Annunciata Waithera Kibue and be and is appointed as Guardian and Manager over Annunciata
Waithera Kibue and her estate as provided under section 27 of the
Mental Health Act (Cap. 248) laws of Kenya.
THAT Susan Njeri Kibue, be and is appointed manager of the estate of Annunciata Waithera Kibue under section 28 of Mental
Health Act to manage her estate including any such description of moveable or immoveable property, money, debts and legacies, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property or giving a right to receive any money or goods.
THAT as the Manager of the Estate of Annunciata Waithera
Kibue the Applicant may dispose of the property only with the sanction of the court.
THAT pursuant to this appointment the Petitioner shall deliver to court and the public Trustee, within 6 months, an inventory of the property belonging Annunciata Waithera Kibue.
THAT In accordance with section 27(4) of the Mental Health
Act, 2022, the Applicant shall cause within thirty (30) days the publication of notice in the Gazette, informing the public of her appointment as the manager of the estate Annunciata Waithera
Kibue.
THAT the matter to be mentioned before court on Mention on the 25th
July, 2024 to confirm compliance.
THAT further the petitioner shall file bi-annual returns of the status of Subject’s estate effective the 31st
December, 2024.
THAT Costs to be met out of the Estate of the Subject.
GIVEN under my hand and seal of this Court at Nairobi this
21st June, 2024.
Dated the 18th July, 2024.
DEPUTY REGISTRAR, MR/3837846 High Court of Kenya at Nairobi.
Dated the 18th July, 2024.
DEPUTY REGISTRAR,
High Court of Kenya at Nairobi.