1. Before this Court is a Notice of Motion application dated 26th November, 2025, which seeks the following orders: -
a. Spent;
b. THAT the Honourable Court appoints CWW, the wife of the patient, as his legal guardian.
2. The application is premised on the following grounds:
a. THAT the Applicant is the patient’s wife, having lived together since they married in 1981.
b. THAT the patient has been diagnosed with dementia and is in dire need of being taken care of; that the patient is not in a proper state to take actions for himself at the moment; that there’s urgent need to preserve his finances to avoid wanton withdrawal of funds and his not being able to trace use of the funds; that there’s urgent need to place him in good custody and care so that he does not get lost;
c. THAT it is necessary to have the applicant be added as a signatory to the subject’s account held with National Bank.
3. The Application is supported by an affidavit sworn on 26th November, 2025 by CWW. The matter proceeded by viva voce evidence via the online platform in the presence of the Applicant and one of the parties’ children.
4. The Applicant testified that she is the subject’s wife and that he has been unwell. She explained that the subject can no longer safeguard his interests or perform tasks he previously managed, and that she has been caring for him since 2023. She stated that the subject, even after medical attention, still requires assistance and cannot function independently.
5. The child who was present, WK, confirmed his consent to the Applicant being appointed guardian.
6. A medical report dated 7th November, 2025, by Dr A.R., a consultant neurologist and psychiatrist, was filed with the Court. The report states that the patient suffers from dementia.
7. A second medical report dated 17th December, 2025, prepared by Prof. WK, a psychiatrist, was also produced. The report indicates that the dementia affects the subject’s memory and that, in his current state, he requires close family support when performing delicate transactions.
8. The Mental Health Act regulates the care, custody, and estate management of persons suffering from mental disorders. Under Section 26(1)(a) and (b), the Court is empowered to issue orders appointing near relatives or suitable persons to manage the estate and exercise guardianship over such individuals.
9. Section 26(3) of the Act provides that where, upon inquiry, the Court determines that a person suffers from mental disorder to a degree that renders them incapable of managing their affairs - though still capable of self-care and not a danger to themselves or others - the Court may issue appropriate orders for estate management, including provision for maintenance of the patient and dependants, without necessarily making orders regarding physical custody.
10. Section 28 of the Act further outlines the management of the estate of a person suffering from mental disorder.
11. Having reviewed the Application, the supporting affidavit, the medical report and oral testimony, the Court notes that Section 26 of the Mental Health Act authorises orders:
a. for management of the estate of a person suffering from mental disorder; and
b. for guardianship over such person by a near relative or another suitable individual.
12. The statutory duties of estate managers are set out in Section 27, which empowers the Court to issue orders for the administration and management of a mentally ill person’s estate, including:
(a) maintenance of the patient;
(b) maintenance of dependants in the patient’s immediate family; and
(c) payment of the patient’s debts.
13. The Court may appoint a manager to safeguard the patient’s property and may designate a supporter or representative to serve in that capacity.
14. On the basis of the evidence placed before the Court, I am satisfied that the subject suffers from mental illness within the meaning of Section 26 of the Mental Health Act. The application is merited.
15. CWW, the patient’s wife, is hereby appointed as his legal guardian with authority to make decisions on his behalf in respect of his personal welfare and healthcare.
16. The appointed guardian is authorized to undertake necessary legal and administrative actions in the best interests of the subject. However, she is not permitted to sell any of the subject’s assets without Court approval.
17. The guardian may withdraw funds from the patient’s pension-held bank account with the National Bank 0108xxxxxxxx00, with a limit of Kshs.100,000/= per month. The amount is to be used for the subject’s care. Any withdrawals in the account exceeding this amount require Court approval. The Applicant shall effect service of the Court order related to this account to the National Bank without delay.
18. To provide an overview of how the accessed funds are applied, the guardian shall submit a semi-annual report to the Court, outlining the status of the subject’s estate. She should also notify the Court promptly of any changes or recovery in the subject’s medical condition.
19. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 05th day of FEBRUARY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl Anindo
a. Spent;
b. THAT the Honourable Court appoints CWW, the wife of the patient, as his legal guardian.
2. The application is premised on the following grounds:
a. THAT the Applicant is the patient’s wife, having lived together since they married in 1981.
b. THAT the patient has been diagnosed with dementia and is in dire need of being taken care of; that the patient is not in a proper state to take actions for himself at the moment; that there’s urgent need to preserve his finances to avoid wanton withdrawal of funds and his not being able to trace use of the funds; that there’s urgent need to place him in good custody and care so that he does not get lost;
c. THAT it is necessary to have the applicant be added as a signatory to the subject’s account held with National Bank.
3. The Application is supported by an affidavit sworn on 26th November, 2025 by CWW. The matter proceeded by viva voce evidence via the online platform in the presence of the Applicant and one of the parties’ children.
4. The Applicant testified that she is the subject’s wife and that he has been unwell. She explained that the subject can no longer safeguard his interests or perform tasks he previously managed, and that she has been caring for him since 2023. She stated that the subject, even after medical attention, still requires assistance and cannot function independently.
5. The child who was present, WK, confirmed his consent to the Applicant being appointed guardian.
6. A medical report dated 7th November, 2025, by Dr A.R., a consultant neurologist and psychiatrist, was filed with the Court. The report states that the patient suffers from dementia.
7. A second medical report dated 17th December, 2025, prepared by Prof. WK, a psychiatrist, was also produced. The report indicates that the dementia affects the subject’s memory and that, in his current state, he requires close family support when performing delicate transactions.
8. The Mental Health Act regulates the care, custody, and estate management of persons suffering from mental disorders. Under Section 26(1)(a) and (b), the Court is empowered to issue orders appointing near relatives or suitable persons to manage the estate and exercise guardianship over such individuals.
9. Section 26(3) of the Act provides that where, upon inquiry, the Court determines that a person suffers from mental disorder to a degree that renders them incapable of managing their affairs - though still capable of self-care and not a danger to themselves or others - the Court may issue appropriate orders for estate management, including provision for maintenance of the patient and dependants, without necessarily making orders regarding physical custody.
10. Section 28 of the Act further outlines the management of the estate of a person suffering from mental disorder.
11. Having reviewed the Application, the supporting affidavit, the medical report and oral testimony, the Court notes that Section 26 of the Mental Health Act authorises orders:
a. for management of the estate of a person suffering from mental disorder; and
b. for guardianship over such person by a near relative or another suitable individual.
12. The statutory duties of estate managers are set out in Section 27, which empowers the Court to issue orders for the administration and management of a mentally ill person’s estate, including:
(a) maintenance of the patient;
(b) maintenance of dependants in the patient’s immediate family; and
(c) payment of the patient’s debts.
13. The Court may appoint a manager to safeguard the patient’s property and may designate a supporter or representative to serve in that capacity.
14. On the basis of the evidence placed before the Court, I am satisfied that the subject suffers from mental illness within the meaning of Section 26 of the Mental Health Act. The application is merited.
15. CWW, the patient’s wife, is hereby appointed as his legal guardian with authority to make decisions on his behalf in respect of his personal welfare and healthcare.
16. The appointed guardian is authorized to undertake necessary legal and administrative actions in the best interests of the subject. However, she is not permitted to sell any of the subject’s assets without Court approval.
17. The guardian may withdraw funds from the patient’s pension-held bank account with the National Bank 0108xxxxxxxx00, with a limit of Kshs.100,000/= per month. The amount is to be used for the subject’s care. Any withdrawals in the account exceeding this amount require Court approval. The Applicant shall effect service of the Court order related to this account to the National Bank without delay.
18. To provide an overview of how the accessed funds are applied, the guardian shall submit a semi-annual report to the Court, outlining the status of the subject’s estate. She should also notify the Court promptly of any changes or recovery in the subject’s medical condition.
19. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 05th day of FEBRUARY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl Anindo