In re Estate of TNW (Petition E040 of 2021)  KEHC 15651 (KLR) (24 November 2022) (Ruling)
Neutral citation:  KEHC 15651 (KLR)
Republic of Kenya
Petition E040 of 2021
MM Kasango, J
November 24, 2022
IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF PERSONS OF UNSOUND MIND ACT AND IN THE MATTER OF PETITON FOR GUARDIANSHIP AND MANAGEMENT OF THE ESTATE OF TNW
1.This matter was reserved today for judgment. Having critically re-looked and considered this matter, I chose to give a ruling today explaining why a judgment could not be delivered.
2.VNW has petitioned the subject TNW to be adjudged to be a person suffering from mental disorder.
3.The petitioner is a granddaughter of the subject. The petitioner has failed to state whether other relatives of the subject are alive, more particularly the children of the subject, and why she, the petitioner and no other relatives of the subject should be given the power of being a guardian of the subject and his property. It is also noteworthy that the petition fails to state which are those properties the subject owns.
4.This court is concerned that there is lack of full disclosure by the petitioner and lack candidness of how she intends to utilize the subject’s properties for the subject’s own good. Until further documents are filed to clarify who are the other relatives of the deceased and those documents should include a letter for the Chief and details of the subject’s properties, this court declines to grant the orders sought in the petition.
5.This matter is stayed until full disclosure is made.
RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF NOVEMBER, 2022.MARY KASANGOJUDGEIn the presence ofCoram:Court Assistant: JuliaInstructed by Njuguna Nganga & Co. Associates Advocates for the Petitioner:- Mr. NjugunaCOURTRuling delivered virtually.MARY KASANGOJUDGE