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APPOINTMENT
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GAZETTE NOTICE NO. 15800
GAZETTE NOTICE NO. 15800
THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION MISC CASE NO. E167 OF 2021 IN THE MATTER OF MENTAL HEALTH ACT
APPOINTMENT
WHEREAS this matter coming up for judgement on 8th November,
2024, IT IS HEREBY ORDERED:
1. THAT a Declaration hereby issues that the
subject, ABDULRAHMAN FARAH OSMAN is a person suffering
from Mental Disorder, within the meaning of section 2 of the Mental
Health Act Cap 248, the Laws of Kenya.
2. THAT ASHA ABDULRAHMAN FARAH OSMAN and
ZULEKHA ABDIRAHMAN FARAH are appointed as Guardians and
managers of the estate of the subject as provided under sections 26, 27
and 28 of the Mental Health Act Cap 248 Laws of Kenya.
29th November, 2024 THE KENYA GAZETTE
3. THAT ASHA ABDULRAHMAN FARAH OSMAN and
ZULEKHA ABDIRAHMAN FARAH shall have joint physical and
legal custody of the Subject at his primary residence at Adams Arcade
and all the children of the Subject shall have unrestricted access to the
Subject. Provided that ASHA ABDULRAHMAN FARAH OSMAN
and ZULEKHA ABDIRAHMAN FARAH shall in consultation
manage and make decisions regarding the care of the Subject and
management of his affairs.
4. THAT ASHA ABDULRAHMAN FARAH OSMAN and
ZULEKHA ABDIRAHMAN FARAH are hereby appointed managers
of the estate of ABDULRAHMAN FARAH OSMAN 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.
5. THAT Pursuant to this appointment ASHA
ABDULRAHMAN FARAH OSMAN and ZULEKHA
ABDIRAHMAN FARAH shall deliver to court and the public Trustee,
within 6 months, an inventory of the property belonging to
ABDULRAHMAN FARAH OSMAN.
6. THAT in accordance with section 27 (4) of the Mental Health
Act, 2022 ASHA ABDULRAHMAN FARAH OSMAN and
ZULEKHA ABDIRAHMAN FARAH 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 ABDULRAHMAN
FARAH OSMAN.
7. THAT the proceeds of rent and other revenue from the
ABDULRAHMAN FARAH OSMAN’S properties be deposited in an
account opened and operated jointly by the ASHA ABDULRAHMAN
FARAH OSMAN and ZULEKHA ABDIRAHMAN FARAH. The
proceeds will be used among other expenses to cater for the
ABDULRAHMAN FARAH OSMAN’S needs and upkeep, especially
medical care and specialized nursing care.
8. THAT ASHA ABDULRAHMAN FARAH OSMAN and
ZULEKHA ABDIRAHMAN FARAH shall file in this court bi-
annual returns of the status of ABDULRAHMAN FARAH OSMAN’S
estate. The 1st report shall fall due on 30th June, 2025.
9. THAT mention on 10th July, 2025 to confirm compliance.
10. THAT each party shall bear their own costs.
GIVEN under my hand and seal of this court this 8th day of
NOVEMBER 2024.
ISSUED at Nairobi this 22nd day of November 2024.
DEPUTY REGISTRAR,
High Court of Kenya,
Nairobi.
Penal Notice
TAKE NOTICE that any disobedience of the court order herein
will result in penal consequences to you and you will be liable to
contempt of court, which attracts an imprisonment of up to a period of
six months thereof.
MR/6485705
Dated the 10th July, 2024.
DEPUTY REGISTRAR,
High Court of Kenya, Nairobi.
Extracted Entities (1)
previous_gazette_ref
15800
Details
- Act / Legislation
- THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION MISC CASE NO. E167 OF 2021 IN THE MATTER OF MENTAL HEALTH ACT
- Signed By
- DEPUTY REGISTRAR
- Title
- High Court of Kenya, Nairobi
- Date Signed
- 10th July 2024
- Page
- 40
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 206
Published 2nd February 2024