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GAZETTE NOTICE NO. 14743

GAZETTE NOTICE NO. 14743

THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION MILIMANI LAW COURTS MISCELLANEOUS CASE NO. E10 OF 2023 IN THE MATTER OF THE MENTAL HEALTH ACT

APPOINTMENT


under the custody,care,control and guardianship of the Applicants and his immediate family. 5. THAT an order of injunction to issue restraining MARY WAMBUI MAINA,VIRGINIA WANGARE MAINA, MARGARET KAMUYU MAINA and MAGDALENE WANJIKU MAINA whether by themselves, their agents or any other person restraining them against arbitral interference of the Estate of the Patient,JOHN GACHUHI MAINA and to restrain them either by themselves their agents and servants or any other person from interfering with the custody, care control and any guardianship of the patient's financial or business interest, the family business,patient's bank accounts and the physical custody of the patient. 6. THAT an order do issue compelling the Respondents herein to render a true account of the Patient's Business conducted at Intersect Hardware service including the bank account of the Business whether existing or new and to provide a statement of account of the family business including income, expenditure and book balances held from 21st September 2022 to such a date as the Court may direct. 7. THAT costs of this Petition be borne by the Respondents. THIS MATTER coming up judgement on the petition dated 18th January, 2024 before Hon Lady Justice P.M.Nyaundi on the 20th September,2024 .AND UPON considering the submissions of both parties; 8th November, 2024 THE KENYA GAZETTE IT IS HEREBY DECREED ; 1. THAT JOHN GACHUHI MAINA (the Subject) is hereby adjudged to be suffering from mental disorder pursuant to Section 26 of the Mental Health Act,Cap 248 Laws of Kenya. 2. THAT The Petitioners, MERCY NDUTA GACHUHI, ESTHER WAIRIMU GACHUHI AND MARY WAMBUI GACHUHI are hereby appointed as Guardian and Manager of the Estate of JOHN GACHUHI MAINA. Pursuant thereto the Respondents shall forthwith release the Subject to the Petitioners so that they retain custody of him. 3. THAT Pursuant to this appointment the Petitioners shall deliver to court and the public Trustee, within 6 months, an inventory of the property belonging JOHN GACHUHI MAINA 4. THAT In accordance with Section 27 (4) of the Mental Health Act,2022 the Petitioners shall cause within 30 days the publication of notice in the Gazette, informing the public of their appointment as the manager of the estate of JOHN GACHUHI MAINA 5. THAT as the Manager of the Estate of JOHN GACHUHI MAINA the petitioners may dispose of the property with the sanction of the court. 6. THAT the matter will be mentioned before court on 27th February, 2025 to confirm compliance 7. THAT no orders as to costs. Given under my hand and the seal of this Court this 20th Day of September, 2024. Dated at Nairobi this 23rd day of October 2024. DEPUTY REGISTRAR, MR/6535285 Milimani High Court Family Division.

DEPUTY REGISTRAR,

Milimani High Court Family Division.

Extracted Entities (1)

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14743

Details

Act / Legislation
THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION MILIMANI LAW COURTS MISCELLANEOUS CASE NO. E10 OF 2023 IN THE MATTER OF THE MENTAL HEALTH ACT
Signed By
DEPUTY REGISTRAR
Title
Milimani High Court Family Division
Page
30
Extraction Method
regex