In the Matter of L.A.A.
And
In the matter of caroline Nacy Abongo-Applicant,
And
In the Matter of Mental Health Act, 248 Laws of Kenya.
1. In the Family Petition dated 27 th April, 2026, the applicant seeks the following four reliefs under sections 26, 27, and 28 of the Mental Health Act Cap 248 of the Laws of Kenya;
a. A Declaration do issue that the subject, L.A.A. is a person who lacks capacity to manage her Estate and pension due to her permanent loss of hearing and vision.
b. That this honourable court be pleased to issue an Order appointing, Caroline Nancy Atieno the petitioner herein as a guardian and a manger in all the estate and affairs of L.L.A. with powers to implement the subject’s wishes and preferences.
c. That the petitioner be directed to render accounts to this honourable court as may be required.
2. The applicant Carolyne Nanny Abongo states that she is a sister to the subject who owns among other assets; Title Number Kamagambo/Kaburo/4040 measuring approximately 0.12 hectares, Title Number Kamagambo/Kaburo/4236 measuring approximately 0.13 hectares Title Number Miwani/Milano/146 measuring approximately 0.0139 hectares, vehicle plate Number KCC 895H, NCBA account Number***038- Village Market Branch, NCBA account ***054 Village Market Branch and ABSA Account Number ***494 Muthaiga Branch.
3. It is further averred by the applicant that the subject was diagnosed with meningitis at a progressed stage in the year 2022 as evidence with medical records and has a permanent sensory impairment and since she has loss of sight, she is unable to implement her wishes including third parties.
4. The subject was an employee of Safaricom Plc but retired on medical grounds. She has her pension retained by the former employee and cannot be able to access without a Court Order. Besides, the subject’s monthly expenses including upkeep amount to approximately Kshs200,000/. She needs to take another medical cover and cannot access her bank accounts without a court order.
Analysis and determination:
5. Ssection 26 of the Mental Health Act, Cap 248, Laws of Kenya provides for the circumstances under which a Court may make orders for the Guardianship of a Subject (Patient) and the management of their affairs as follows:- “(1) The court may make orders—(a) for the management of the estate of any person suffering from mental disorder; and(b) for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person.(2) 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.(3) 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.
6. Medical Report dated 11 th January, 2023, Dr Shamsa Ahmed had the following to say; “in the light of profound loss of vision and hearing, continued round the clock based care is recommended as she continues her treatment, physical and occupational therapy”
7. Consequently, based on the uncontested averment in the supporting as well as the grounds on the body of the petition by the applicant, this court issues the following Orders.
a. A declaration Order do hereby issue that the subject T.J.A is a person suffering from Mental disorder under the Mental Health Act, Cap 248 , Laws of Kenya.
b. On account of T.J. A’s condition, the Petitioner one Jeremy Edward Hannington Awori is hereby appointed as guardian of T.J.A. Additionally he is granted custody, care and management of T.J.A in accordance with the Mental Health Act.
Delivered in the open court virtually this 9 th July, 2026 in the presence of Christine-CA.
Hon. R.K. Ondieki,
Judge.
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And
In the matter of caroline Nacy Abongo-Applicant,
And
In the Matter of Mental Health Act, 248 Laws of Kenya.
1. In the Family Petition dated 27 th April, 2026, the applicant seeks the following four reliefs under sections 26, 27, and 28 of the Mental Health Act Cap 248 of the Laws of Kenya;
a. A Declaration do issue that the subject, L.A.A. is a person who lacks capacity to manage her Estate and pension due to her permanent loss of hearing and vision.
b. That this honourable court be pleased to issue an Order appointing, Caroline Nancy Atieno the petitioner herein as a guardian and a manger in all the estate and affairs of L.L.A. with powers to implement the subject’s wishes and preferences.
c. That the petitioner be directed to render accounts to this honourable court as may be required.
2. The applicant Carolyne Nanny Abongo states that she is a sister to the subject who owns among other assets; Title Number Kamagambo/Kaburo/4040 measuring approximately 0.12 hectares, Title Number Kamagambo/Kaburo/4236 measuring approximately 0.13 hectares Title Number Miwani/Milano/146 measuring approximately 0.0139 hectares, vehicle plate Number KCC 895H, NCBA account Number***038- Village Market Branch, NCBA account ***054 Village Market Branch and ABSA Account Number ***494 Muthaiga Branch.
3. It is further averred by the applicant that the subject was diagnosed with meningitis at a progressed stage in the year 2022 as evidence with medical records and has a permanent sensory impairment and since she has loss of sight, she is unable to implement her wishes including third parties.
4. The subject was an employee of Safaricom Plc but retired on medical grounds. She has her pension retained by the former employee and cannot be able to access without a Court Order. Besides, the subject’s monthly expenses including upkeep amount to approximately Kshs200,000/. She needs to take another medical cover and cannot access her bank accounts without a court order.
Analysis and determination:
5. Ssection 26 of the Mental Health Act, Cap 248, Laws of Kenya provides for the circumstances under which a Court may make orders for the Guardianship of a Subject (Patient) and the management of their affairs as follows:- “(1) The court may make orders—(a) for the management of the estate of any person suffering from mental disorder; and(b) for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person.(2) 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.(3) 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.
6. Medical Report dated 11 th January, 2023, Dr Shamsa Ahmed had the following to say; “in the light of profound loss of vision and hearing, continued round the clock based care is recommended as she continues her treatment, physical and occupational therapy”
7. Consequently, based on the uncontested averment in the supporting as well as the grounds on the body of the petition by the applicant, this court issues the following Orders.
a. A declaration Order do hereby issue that the subject T.J.A is a person suffering from Mental disorder under the Mental Health Act, Cap 248 , Laws of Kenya.
b. On account of T.J. A’s condition, the Petitioner one Jeremy Edward Hannington Awori is hereby appointed as guardian of T.J.A. Additionally he is granted custody, care and management of T.J.A in accordance with the Mental Health Act.
Delivered in the open court virtually this 9 th July, 2026 in the presence of Christine-CA.
Hon. R.K. Ondieki,
Judge.
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