IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA
In the matter of MWW alias MWG (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. AWG filed a Petition dated 16 th October, 2025 seeking the following orders:
a) Spent;
b) THAT the Petitioner, Andrew Wanyoike Gatambia be appointed as the Guardian of his mother Mary Wanjiku Wanyoike alias Mary Wanyoike Gatambia and maner of her estate and all her affairs;
c) THAT the honourable court be pleased to grant to the Petitioner full access to any bank account in the name of Mary Wanjiku Wanyoike alias Mary Wanyoike Gatambia for the purpose of maintaining her;
d) THAT the Petitioner be and are hereby appointed as manager of Mary Wanjiku Wanyoike alias Mary Wanyoike Gatambia’s estate which includes any such description of movable and immovable 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 to carry on, proceed to take over and/or institute any litigation and/or claims and to recover any such property as it may have been lost into the possession or under the control of any person and also to recover any property into or for which such property has been converted or exchanged, and to further recover anything acquired howsoever by such conversion or exchange;
e) The costs of this application be in the cause.
2. At the hearing, the Petitioner informed the Court that he is the son of MWW alias MWG. He was accompanied by the Subject and a residential Counsellor at Evexia Treatment Centre, where the Subject has been receiving medical treatment.
3. The Petitioner testified that the Subject, his mother, has been unwell for over 15 years and has been undergoing rehabilitation. He stated that her condition has been managed with medication and that when she deteriorates, they take her to the treatment centre, where she sometimes has to stay longer.
4. A letter from the Chief, Langata Location, was provided to verify the relationship. The letter also confirmed the Subject's mental instability and noted that she is otherwise very active.
5. AWG expressed that his intention to seek guardianship is to be her guardian while also protecting her mother’s estate, which he stated is at risk of being mismanaged, as the tenants in occupation of the rental houses were taking advantage of her condition and were not regularly remitting the rent.
6. The Chief’s Letter identified three adults as the Subject’s family. KKG and PNG, the Petitioner’s siblings, attended Court and confirmed their mother’s medical condition and their support for the Petitioner’s Petition for guardianship orders.
7. The Applicant cites medical evidence from Evexia Treatment and Recovery Centre Limited. The psychological evaluation report dated 30 th July, 2025 gave a medical history of major depressive disorder with psychotic features. The reports show that she is not in a proper state to handle her own affairs.
8. Dr Margaret N. Kariuki, a Counselling Psychologist, testified that the Subject sometimes becomes disoriented, has impaired orientation, and her insight is impaired. She also confirmed that the Petitioner was responsible for her care when she was presented for treatment at the facility.
Analysis and determination
9. The Court has considered the Petition and the evidence on record. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
10. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.”
11. The Court had the opportunity to examine the Subject who was presented via the online platform. She was at the treatment facility. Although she could communicate, her disorientation was evident and she appeared to be generally unwell.
12. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
13. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held:
“This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Applicant to the Subject.”
14. The Court is satisfied of the close relation of the Applicant to the Subject as her son. The nuclear family, as verified by the Chief’s Letter, has confirmed the Petitioner’s suitability and consented to the appointment.
15. The Court has confirmed that the Subject’s children have petitioned the High Court at Nairobi (P&A E567 of 2025) for Letters of Administration over their father’s estate, and the record reflects that they have duly included the Subject and her interest in the pleadings. The estate comprises the satellite property mentioned by the Subject’s children.
16. The Petitioner has also transmitted a copy of the title for L.R 1*4**/2* (particulars withheld), registered in the name of the Subject.
17. The Petitioner has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs, thereby exposing her estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
18. Accordingly, for the reasons set out above, the Petition dated 16 th October, 2025 is allowed in the following terms;
a. The Subject MWW alias MWG is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Petitioner, AWG, as the guardian and manager in respect of MWW alias MWG and grants her custody, care, and management of the Subject and her estate.
c. As the manager of the estate of the Subject, he is authorized to run her affairs, manage her properties, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;
d. The Manager shall not sell any of the Subject’s assets without the Court’s approval;
e. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
f. AWG shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;
h. The costs of the petition and any incidental costs shall be paid from the Subject’s Estate.
19. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 26 TH day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E336 OF 2026 JUDGMENT2
In the matter of MWW alias MWG (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. AWG filed a Petition dated 16 th October, 2025 seeking the following orders:
a) Spent;
b) THAT the Petitioner, Andrew Wanyoike Gatambia be appointed as the Guardian of his mother Mary Wanjiku Wanyoike alias Mary Wanyoike Gatambia and maner of her estate and all her affairs;
c) THAT the honourable court be pleased to grant to the Petitioner full access to any bank account in the name of Mary Wanjiku Wanyoike alias Mary Wanyoike Gatambia for the purpose of maintaining her;
d) THAT the Petitioner be and are hereby appointed as manager of Mary Wanjiku Wanyoike alias Mary Wanyoike Gatambia’s estate which includes any such description of movable and immovable 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 to carry on, proceed to take over and/or institute any litigation and/or claims and to recover any such property as it may have been lost into the possession or under the control of any person and also to recover any property into or for which such property has been converted or exchanged, and to further recover anything acquired howsoever by such conversion or exchange;
e) The costs of this application be in the cause.
2. At the hearing, the Petitioner informed the Court that he is the son of MWW alias MWG. He was accompanied by the Subject and a residential Counsellor at Evexia Treatment Centre, where the Subject has been receiving medical treatment.
3. The Petitioner testified that the Subject, his mother, has been unwell for over 15 years and has been undergoing rehabilitation. He stated that her condition has been managed with medication and that when she deteriorates, they take her to the treatment centre, where she sometimes has to stay longer.
4. A letter from the Chief, Langata Location, was provided to verify the relationship. The letter also confirmed the Subject's mental instability and noted that she is otherwise very active.
5. AWG expressed that his intention to seek guardianship is to be her guardian while also protecting her mother’s estate, which he stated is at risk of being mismanaged, as the tenants in occupation of the rental houses were taking advantage of her condition and were not regularly remitting the rent.
6. The Chief’s Letter identified three adults as the Subject’s family. KKG and PNG, the Petitioner’s siblings, attended Court and confirmed their mother’s medical condition and their support for the Petitioner’s Petition for guardianship orders.
7. The Applicant cites medical evidence from Evexia Treatment and Recovery Centre Limited. The psychological evaluation report dated 30 th July, 2025 gave a medical history of major depressive disorder with psychotic features. The reports show that she is not in a proper state to handle her own affairs.
8. Dr Margaret N. Kariuki, a Counselling Psychologist, testified that the Subject sometimes becomes disoriented, has impaired orientation, and her insight is impaired. She also confirmed that the Petitioner was responsible for her care when she was presented for treatment at the facility.
Analysis and determination
9. The Court has considered the Petition and the evidence on record. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
10. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.”
11. The Court had the opportunity to examine the Subject who was presented via the online platform. She was at the treatment facility. Although she could communicate, her disorientation was evident and she appeared to be generally unwell.
12. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
13. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held:
“This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Applicant to the Subject.”
14. The Court is satisfied of the close relation of the Applicant to the Subject as her son. The nuclear family, as verified by the Chief’s Letter, has confirmed the Petitioner’s suitability and consented to the appointment.
15. The Court has confirmed that the Subject’s children have petitioned the High Court at Nairobi (P&A E567 of 2025) for Letters of Administration over their father’s estate, and the record reflects that they have duly included the Subject and her interest in the pleadings. The estate comprises the satellite property mentioned by the Subject’s children.
16. The Petitioner has also transmitted a copy of the title for L.R 1*4**/2* (particulars withheld), registered in the name of the Subject.
17. The Petitioner has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs, thereby exposing her estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
18. Accordingly, for the reasons set out above, the Petition dated 16 th October, 2025 is allowed in the following terms;
a. The Subject MWW alias MWG is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Petitioner, AWG, as the guardian and manager in respect of MWW alias MWG and grants her custody, care, and management of the Subject and her estate.
c. As the manager of the estate of the Subject, he is authorized to run her affairs, manage her properties, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;
d. The Manager shall not sell any of the Subject’s assets without the Court’s approval;
e. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
f. AWG shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;
h. The costs of the petition and any incidental costs shall be paid from the Subject’s Estate.
19. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 26 TH day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E336 OF 2026 JUDGMENT2