A Kiambu court has thwarted plans by a family to transfer the estate of their alleged demented father to themselves before his death.
The Murang'a family sought orders under the Mental Health Act, saying their father — identified by the court as GG — was mentally unstable and the court should allow them manage the estate for him.
The three, including his alleged daughter, claimed he was suffering from senile dementia, which has affected his memory, judgement and behaviour. Consequently, they argued, GG is incapable of managing himself and his affairs, the reason they should take over the estate.
Justice Mary Kasango, however, dismissed their petition, saying one gets a distinct feeling there is some mischief in them filing the case.
Justice Kasango said the orders they were seeking, if granted, are far-reaching and will be approving the distribution of GG’s estate when he is still alive.
“Distribution of an estate only takes place after the death of the owner of the properties comprising that estate,” she ruled.
The judge also raised concern on whether the three were really GG’s close family, noting that their exact relationship is not stated, except for CWM who says she is the daughter but did not say if she has any siblings.
Judge Kasango further ruled that the petition failed to meet the threshold of the mental Health Act Cap 248.
The court noted the alleged family produced two letters from a doctor — one dated August 20, 2019 and the other on October 1, 2020 — but the contents were similar except for the date.
“Those letters indicate the subject has been suffering from dementia since 2011, that he slightly improved after treatment “but over the last 5 years, his condition has progressively deteriorated greatly,” the judge said.
However, although they said GG began suffering from dementia in 2011 and his condition has deteriorated in the last five years, the family says he donated a general power of attorney to one of them.
“It is not clear how, if indeed so, a person such as the subject suffering from mental ill health could donate a general power of attorney,” the court noted.
Justice Kasango said she also believes the family should have sought for a declaration from court for GG to be declared as suffering mental disorder.
“No orders of guardianship or management can be made without that declaration,” the court ruled.
The court also questioned why they chose to file their case in Kiambu High court and not Murang'a county where they reside and where nine of the 15 properties belonging to GG are.
