IN THE MATTER OF THE MENTAL HEALTH ACT (CAP 248)
IN THE MATTER OF APPOINTMENT OF GUARDIAN FOR FREDRICK WACHIRA WAMAE
CATHERINE WACHEKE WACHIRA …. GUARDIAN/APPLICANT
RULING
1. Section 26 of the Mental Health Act provides that where upon inquiry, the Court determines that a person suffers from a mental illness to a degree that renders them incapable of managing their affairs, the Court may issue appropriate orders for guardianship and the management of the Subject’s estate.
2. Section 28 of the Act further outlines the management of the estate of a person suffering from mental illness.
3. In this case, CWW was appointed guardian and estate manager for her spouse, FWM , who has been diagnosed with dementia, a mental illness.
4. The Court subsequently made orders allowing monetary withdrawals from the Subject’s bank accounts to provide for the maintenance of the Subject and his dependants. The sum was capped Kshs.100,000/=, which was later enhanced to Kshs.250,000/= per month. However, the Manager was not permitted to dispose of any of the Subject’s assets without seeking permission from the Court.
5. The Manager has now moved the Court via an application dated 11 th April, 2025 in which she seeks the following orders;
i. Spent;
ii. The honourable does allow the increase of the monthly expenditure from Kshs.100,000/= to Kshs.250,000/=;
iii. The honourable court does allow for the withdrawal of Kshs.10,000,000/= for purposes of investing in Treasury Bills for the purposes of generating income for the purposes of growing the income of the subject which is necessary. The deadline for payment is 16 th April, 2026;
iv. The honourable court as in par. (c) above does allow the withdrawal by the Guardian of Kshs.3,000,000/= from the subject’s NBK account for investment in the subject’s Britam Wealth Management Account A/C No. WMF 0013 for the purposes of generating income;
v. THAT for the avoidance of doubt the withdrawal of Kshs.13,000,000/= for the purchase of the Treasury Bill and Britam Wealth Management Account will be a direct payment from the subject’s Britam Wealth account.
6. At the hearing of the application, the Court directed that an updated medical report be submitted in order to obtain a current review of the Patient’s medical status. The report dated 20 th May, 2026 indicated that the Subject has shown slight improvement in cognitive function and behavioural control, with fairly intact remote memory. The Subject was advised to continue the prescribed medication for dementia management. The report also states that he is still fairly dependent on family support.
7. Further, the Court examined the Manager to verify that the transactions would uphold the best interests of the Subject. The evidence indicates that the Subject previously grew his income through his pension and investments in government bills. Additionally, the Subject maintains an account with Britam Money Market Fund for investment purposes.
8. The proposal is to deposit Kshs.10,000,000/= directly into the Central Bank of Kenya-nominated treasury account and Kshs.3,000,000/= directly into the Subject’s Britam Wealth Account. The Court is satisfied that the measures demonstrate transparency and accountability.
9. The Subject remains unwell, and the Manager’s appointment is still in force. The Court is satisfied that the investments are in the Subject’s best interests and grants prayers b, c, d and e of the application dated 11 th April, 2026. The Banks shall undertake all necessary due diligence, including any required verifications and clearances, which the Manager is obligated to perform.
10. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
11. The costs of the application shall be met from the estate of the Subject.
12. To provide an overview of how the funds are applied, the Manager shall submit a semi-annual report to the Court and the Public Trustee, outlining the status of the Subject’s estate. The first report should be filed by 30th September, 2026. She should also notify the Court promptly of any changes in or recovery of the Subject’s medical condition.
13. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 25 th day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. E400 OF 2025 RULING2
IN THE MATTER OF APPOINTMENT OF GUARDIAN FOR FREDRICK WACHIRA WAMAE
CATHERINE WACHEKE WACHIRA …. GUARDIAN/APPLICANT
RULING
1. Section 26 of the Mental Health Act provides that where upon inquiry, the Court determines that a person suffers from a mental illness to a degree that renders them incapable of managing their affairs, the Court may issue appropriate orders for guardianship and the management of the Subject’s estate.
2. Section 28 of the Act further outlines the management of the estate of a person suffering from mental illness.
3. In this case, CWW was appointed guardian and estate manager for her spouse, FWM , who has been diagnosed with dementia, a mental illness.
4. The Court subsequently made orders allowing monetary withdrawals from the Subject’s bank accounts to provide for the maintenance of the Subject and his dependants. The sum was capped Kshs.100,000/=, which was later enhanced to Kshs.250,000/= per month. However, the Manager was not permitted to dispose of any of the Subject’s assets without seeking permission from the Court.
5. The Manager has now moved the Court via an application dated 11 th April, 2025 in which she seeks the following orders;
i. Spent;
ii. The honourable does allow the increase of the monthly expenditure from Kshs.100,000/= to Kshs.250,000/=;
iii. The honourable court does allow for the withdrawal of Kshs.10,000,000/= for purposes of investing in Treasury Bills for the purposes of generating income for the purposes of growing the income of the subject which is necessary. The deadline for payment is 16 th April, 2026;
iv. The honourable court as in par. (c) above does allow the withdrawal by the Guardian of Kshs.3,000,000/= from the subject’s NBK account for investment in the subject’s Britam Wealth Management Account A/C No. WMF 0013 for the purposes of generating income;
v. THAT for the avoidance of doubt the withdrawal of Kshs.13,000,000/= for the purchase of the Treasury Bill and Britam Wealth Management Account will be a direct payment from the subject’s Britam Wealth account.
6. At the hearing of the application, the Court directed that an updated medical report be submitted in order to obtain a current review of the Patient’s medical status. The report dated 20 th May, 2026 indicated that the Subject has shown slight improvement in cognitive function and behavioural control, with fairly intact remote memory. The Subject was advised to continue the prescribed medication for dementia management. The report also states that he is still fairly dependent on family support.
7. Further, the Court examined the Manager to verify that the transactions would uphold the best interests of the Subject. The evidence indicates that the Subject previously grew his income through his pension and investments in government bills. Additionally, the Subject maintains an account with Britam Money Market Fund for investment purposes.
8. The proposal is to deposit Kshs.10,000,000/= directly into the Central Bank of Kenya-nominated treasury account and Kshs.3,000,000/= directly into the Subject’s Britam Wealth Account. The Court is satisfied that the measures demonstrate transparency and accountability.
9. The Subject remains unwell, and the Manager’s appointment is still in force. The Court is satisfied that the investments are in the Subject’s best interests and grants prayers b, c, d and e of the application dated 11 th April, 2026. The Banks shall undertake all necessary due diligence, including any required verifications and clearances, which the Manager is obligated to perform.
10. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
11. The costs of the application shall be met from the estate of the Subject.
12. To provide an overview of how the funds are applied, the Manager shall submit a semi-annual report to the Court and the Public Trustee, outlining the status of the Subject’s estate. The first report should be filed by 30th September, 2026. She should also notify the Court promptly of any changes in or recovery of the Subject’s medical condition.
13. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 25 th day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. E400 OF 2025 RULING2