Duty of care in sharp focus as Justice Antony Mrima of the High Court’s Family Division says families that neglect their elderly are violating the Constitution
Kenya’s High Court has ruled that family members who neglect their duty to care for elderly relatives over 60 years old are in violation of the Constitution.
In a recent ruling, Justice Anthony Mrima emphasized the constitutional obligation placed on each family member to ensure that elderly relatives receive proper care and assistance. The judge held that when family members reach the age of 60 and above, the Constitution safeguards their right to care and support from younger family members.
“When capable families ignore or neglect their elderly members without reasonable justification, they are infringing upon the Constitution,” Justice Mrima said.
He also clarified that the responsibility of family members in caring for their elderly relatives is an additional duty beyond the government’s obligations toward older members of society.
Justice Mrima emphasized that as per the Constitution, while parents are expected to ensure their children’s best interests are protected, the roles reverse when the parents reach the age of 60.
Duty of care
Children must then ensure that their elderly parents and relatives are adequately fed, sheltered, provided with healthcare, and protected from abuse, neglect, and inhumane treatment.
The judge made this ruling in a succession case where he criticized some of the children of the late Muiruri Kamau for failing to care for their father when he was injured and bedridden in the hospital.
Justice Mrima noted that, despite accumulating a hospital bill of over Sh2.2 million, eight of Kamau’s children did not contribute to settling the bill. The court further found that Kamau’s children were aware of their father’s health struggles and used to be in and out of the hospital.
“Some of the deceased’s (Kamau) children failed to contribute money for his burial expenses when he died on August 20, 2015, aged 77,” said the judge.
Justice Mrima also criticized the children for not caring for their stepmother, Priscillah Wangechi, 80, and only focusing on their mother, Grace Wambui.
He found it unjust that Wangechi, who is confined to a wheelchair due to diabetes and old age, was neglected by Wambui’s educated and wealthy children.
Justice Mrima ruled that Wangechi was justified in selling some of the family’s properties to pay for Kamau’s medical bills and funeral expenses, including two plots in Waitaluk, Kitale, another property along Eldoret-Kitale Road, and a motor vehicle.
The court ordered Wangechi to be reinstated in her Limuru home and benefit from the property rentals.
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