' Vide application presented under Section 26 and 27 of the mental Health Act, order 50 rule 1 of the Civil Procedure Rules dated 29th July, 2025 supported by an Affidavit, the Applicant herein ALICE NAFULA SIMIYU seek the following orders that; -
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She be appointed as a representative of Francis Derick Otieno Nassiye.
She be allowed to access the patient’s account number 0100349810700 at Standard Chartered Bank to maintain the patient and his dependants.
She be allowed to dispose of Property Marach/ Nujumaa/2343 to settle the patient’s liabilities.
The costs of this application be provided for.
The Applicant is the wife to the subject as per annexed copy of affidavit of marriage purporting their relationship. That their marriage is blessed with two children namely; Gaitano Pesa Nassiye and Bruno Pio Nassiye. The subject was diagnosed with stroke on the 13th May, 2025, he was taken to Bristol Park Hospital and Nairobi West Hospital which managed the condition and discharged to continue recuperating at home.
That at the time the subject was being discharged from the hospital, the medical bill had accumulated to Kshs.1,756,360.00/= to which the Applicant had to execute a guarantee agreement for the subject to be released.
It’s the Applicant’s averment that her resources are depleted and she is unable to give the subject the care and management that has been recommended by the subject’s doctors hence the need to utilize the funds in his account number 0100349810700 at Standard Chartered Bank. Consequently, their two children need school fees and their education is now threatened by the subject’s inability to manage his affairs. The school fees arrears stand at Kshs.250,800/=.
Further, the subject has a property MARACH/BUJUMAA/2343 which title is presently held by Nairobi West Hospital to secure the payment of Kshs.1,756,360.00/= and it’s her disposition that the property be disposed of to settle the outstanding liability with the hospital.
The Application is supported by a report dated 23rd July, 2025 from Dr. Mutiso a Consultant Neurosurgeon, from Nairobi West Hospital which states that the subject is unable to walk, talk, write due to disability suffered following stroke and the subject was advised to continue supportive management.
The Court interviewed the subject and his consent was obtained alongside his two children.
DETERMINATION
The provisions of the Mental Health Act ensure that individuals who suffer from mental illness are well cared for and their estates are properly handled. The Mental Health Act, at Section 26 provides that:
The court may make orders—
for the management of the estate of any person suffering from mental disorder; and
for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person.
Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person.
Whereupon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think fit for the management of the estate of such person, including proper provision for his maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder.
I have considered the evidence adduced in Court and I am persuaded that the Applicant is best placed to provide adequate care to the subject and ensure is wellbeing.
It is in the subject''s best interest that the Applicant is appointed as her personal representatives to ensure that there is medical attention in the future.
In the circumstances the Application dated 29th July, 2025 is allowed and with the following orders:
FRANCIS DERICK OTHIENO NASSIYE is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248).
ALICE NAFULA SIMIYU is hereby appointed Section 27 of the Mental Health Act as the Guardian of FRANCIS DERICK OTHIENO NASSIYE the subject herein
ALICE NAFULA SIMIYU is hereby appointed manager of the estate of FRANCIS DERICK OTHIENO NASSIYE 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 and represent her in legal suits either to defend or present suits on her behalf.
She is authorized to access the Subject’s account, Account number 0100349810700 at Standard Chartered Bank. She will furnish the Court of transactions shae has had on this account within 3 months.
Pursuant to this appointment ALICE NAFULA SIMIYU shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging FRANCIS DERICK OTHIENO NASSIYE.
In accordance with Section 27(4) of the Mental Health Act, 2022 the Applicant shall cause within 30 days the publication of notice in the Gazette, informing the public of her appointment as the manager of the estate of FRANCIS DERICK OTHIENO NASSIYE.
As Manager of the Estate of the FRANCIS DERICK OTHIENO NASSIYE the Petitioner may dispose of the property only with the sanction of the Court. She is authorised to dispose of Property No . LR No. Marach/ Nujumaa/2343. She will file within 3 months accounts of how the proceeds of the sale have been utilized.
The matter will be mentioned before court on …3 rd June 2026, to confirm compliance.
Costs to be met out of the Estate of the Subject.
SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14 TH DAY OF NOVEMBER, 2025.
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Spent
She be appointed as a representative of Francis Derick Otieno Nassiye.
She be allowed to access the patient’s account number 0100349810700 at Standard Chartered Bank to maintain the patient and his dependants.
She be allowed to dispose of Property Marach/ Nujumaa/2343 to settle the patient’s liabilities.
The costs of this application be provided for.
The Applicant is the wife to the subject as per annexed copy of affidavit of marriage purporting their relationship. That their marriage is blessed with two children namely; Gaitano Pesa Nassiye and Bruno Pio Nassiye. The subject was diagnosed with stroke on the 13th May, 2025, he was taken to Bristol Park Hospital and Nairobi West Hospital which managed the condition and discharged to continue recuperating at home.
That at the time the subject was being discharged from the hospital, the medical bill had accumulated to Kshs.1,756,360.00/= to which the Applicant had to execute a guarantee agreement for the subject to be released.
It’s the Applicant’s averment that her resources are depleted and she is unable to give the subject the care and management that has been recommended by the subject’s doctors hence the need to utilize the funds in his account number 0100349810700 at Standard Chartered Bank. Consequently, their two children need school fees and their education is now threatened by the subject’s inability to manage his affairs. The school fees arrears stand at Kshs.250,800/=.
Further, the subject has a property MARACH/BUJUMAA/2343 which title is presently held by Nairobi West Hospital to secure the payment of Kshs.1,756,360.00/= and it’s her disposition that the property be disposed of to settle the outstanding liability with the hospital.
The Application is supported by a report dated 23rd July, 2025 from Dr. Mutiso a Consultant Neurosurgeon, from Nairobi West Hospital which states that the subject is unable to walk, talk, write due to disability suffered following stroke and the subject was advised to continue supportive management.
The Court interviewed the subject and his consent was obtained alongside his two children.
DETERMINATION
The provisions of the Mental Health Act ensure that individuals who suffer from mental illness are well cared for and their estates are properly handled. The Mental Health Act, at Section 26 provides that:
The court may make orders—
for the management of the estate of any person suffering from mental disorder; and
for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person.
Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person.
Whereupon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think fit for the management of the estate of such person, including proper provision for his maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder.
I have considered the evidence adduced in Court and I am persuaded that the Applicant is best placed to provide adequate care to the subject and ensure is wellbeing.
It is in the subject''s best interest that the Applicant is appointed as her personal representatives to ensure that there is medical attention in the future.
In the circumstances the Application dated 29th July, 2025 is allowed and with the following orders:
FRANCIS DERICK OTHIENO NASSIYE is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248).
ALICE NAFULA SIMIYU is hereby appointed Section 27 of the Mental Health Act as the Guardian of FRANCIS DERICK OTHIENO NASSIYE the subject herein
ALICE NAFULA SIMIYU is hereby appointed manager of the estate of FRANCIS DERICK OTHIENO NASSIYE 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 and represent her in legal suits either to defend or present suits on her behalf.
She is authorized to access the Subject’s account, Account number 0100349810700 at Standard Chartered Bank. She will furnish the Court of transactions shae has had on this account within 3 months.
Pursuant to this appointment ALICE NAFULA SIMIYU shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging FRANCIS DERICK OTHIENO NASSIYE.
In accordance with Section 27(4) of the Mental Health Act, 2022 the Applicant shall cause within 30 days the publication of notice in the Gazette, informing the public of her appointment as the manager of the estate of FRANCIS DERICK OTHIENO NASSIYE.
As Manager of the Estate of the FRANCIS DERICK OTHIENO NASSIYE the Petitioner may dispose of the property only with the sanction of the Court. She is authorised to dispose of Property No . LR No. Marach/ Nujumaa/2343. She will file within 3 months accounts of how the proceeds of the sale have been utilized.
The matter will be mentioned before court on …3 rd June 2026, to confirm compliance.
Costs to be met out of the Estate of the Subject.
SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14 TH DAY OF NOVEMBER, 2025.
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