1. The Petitioner filed an application dated 9th December 2025, supported by her affidavit seeking that:-
a. This Honourable Court be pleased to declare SIMON KAHIGI NJUGUNA MUIGAI as a person suffering from a mental disorder under the Mental Health Act, Cap 248.
b. The Petitioner CHRISTINE MUTHONI KAHIGI, is seeking the Grant of Guardianship over the affairs of the said SIMON KAHIGI NJUGUNA MUIGAI (a person suffering from a mental disorder) on the ground that I intend to testify on his behalf in RUIRU MCL&E 112 OF 2024; SIMON KAHIGI NJUGUNA MUIGAI & JUPILAND PROPERTIES COMPANY LTD VS STATE LAW & JOHN MBURU KIMANI.
2. The Petition was canvassed by way of viva voce evidence on 19th March, 2026. CHRISTINE MUTHONI KAHIGI (Petitioner herein) mother to the subject.
3. The Petitioner is a Lecturer at the University of Nairobi living in Kasarani, Nairobi County. She is married to Peter Njuguna whom with, they have been blessed with four children and the subject being the 1st born son.
4. The subject is 46 years a person with disability, he has been under treatment since August, 2025 and has been under strong medication ever since.
5. That the Grant of Guardianship is only limited for the purposes of prosecuting the aforementioned suit with the subject matter being property belonging to the Estate of the aforesaid SIMON KAHIGI NJUGUNA MUIGAI.
6. Subsequently, the subject is unable to manage his affairs. Sometimes has psychiatric episodes and that the subject’s property is at risk prompting the petitioner to take over the matter.
7. That the Petitioner will faithfully administer according to the Law all the Estate of SIMON KAHIGI NJUGUNA MUIGAI (a person suffering from a mental disorder)
8. That the consent from the Subject’s father Peter Njuguna was also obtained both orally and in writing.
9. The Petition is supported by a Report dated 14th November, 2025 from Dr. Linet Kendi, a Consultant Psychiatrist. The report confirmed that the subject was diagnosed with chronic mental illness characterized by periods of remission and recurrent flare-ups. Based on his chronic mental health condition, it is therefore necessary that the Petitioner be appointed as the subject’s guardian to enable her take care of the subject’s day to day affairs.
10. The Court interviewed the subject who was coherent, understanding the application and consents to appointment of the Petitioner.
DETERMINATION
11. 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:
(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.
12. I have considered the evidence adduced in Court, I am persuaded that the Applicant is best placed to provide adequate care to the subject and ensure his wellbeing.
13. It is in the subject's best interest that the Petitioner is appointed as his personal representative to ensure that funds are available for his upkeep and further medical attention in the future as well as preserve his estate.
14. In the circumstances, these are the orders of the Court that; -
(a) SIMON KAHIGI NJUGUNA MUIGAI is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248).
(b) CHRISTINE MUTHONI KAHIGI is hereby appointed under Section 27 of the Mental Health Act as the Guardian of SIMON KAHIGI NJUGUNA MUIGAI
(c) CHRISTINE MUTHONI KAHIGI is hereby appointed manager of the estate of SIMON KAHIGI NJUGUNA MUIGAI under Section 28 of Mental Health Act to manage his 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.
(d) Pursuant to this appointment CHRISTINE MUTHONI KAHIGI shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging SIMON KAHIGI NJUGUNA MUIGAI.
(e) 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 SIMON KAHIGI NJUGUNA MUIGAI
(f) As Manager of the Estate of the SIMON KAHIGI NJUGUNA MUIGAI, the Petitioner may dispose of the property only with the sanction of the Court.
(g) The matter will be mentioned before court on ……10th June .. 2026 to confirm compliance.
(h) Costs to be met out of the Estate of the Subject.
SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF APRIL, 2026.
P. M. NYAUNDI
JUDGE
a. This Honourable Court be pleased to declare SIMON KAHIGI NJUGUNA MUIGAI as a person suffering from a mental disorder under the Mental Health Act, Cap 248.
b. The Petitioner CHRISTINE MUTHONI KAHIGI, is seeking the Grant of Guardianship over the affairs of the said SIMON KAHIGI NJUGUNA MUIGAI (a person suffering from a mental disorder) on the ground that I intend to testify on his behalf in RUIRU MCL&E 112 OF 2024; SIMON KAHIGI NJUGUNA MUIGAI & JUPILAND PROPERTIES COMPANY LTD VS STATE LAW & JOHN MBURU KIMANI.
2. The Petition was canvassed by way of viva voce evidence on 19th March, 2026. CHRISTINE MUTHONI KAHIGI (Petitioner herein) mother to the subject.
3. The Petitioner is a Lecturer at the University of Nairobi living in Kasarani, Nairobi County. She is married to Peter Njuguna whom with, they have been blessed with four children and the subject being the 1st born son.
4. The subject is 46 years a person with disability, he has been under treatment since August, 2025 and has been under strong medication ever since.
5. That the Grant of Guardianship is only limited for the purposes of prosecuting the aforementioned suit with the subject matter being property belonging to the Estate of the aforesaid SIMON KAHIGI NJUGUNA MUIGAI.
6. Subsequently, the subject is unable to manage his affairs. Sometimes has psychiatric episodes and that the subject’s property is at risk prompting the petitioner to take over the matter.
7. That the Petitioner will faithfully administer according to the Law all the Estate of SIMON KAHIGI NJUGUNA MUIGAI (a person suffering from a mental disorder)
8. That the consent from the Subject’s father Peter Njuguna was also obtained both orally and in writing.
9. The Petition is supported by a Report dated 14th November, 2025 from Dr. Linet Kendi, a Consultant Psychiatrist. The report confirmed that the subject was diagnosed with chronic mental illness characterized by periods of remission and recurrent flare-ups. Based on his chronic mental health condition, it is therefore necessary that the Petitioner be appointed as the subject’s guardian to enable her take care of the subject’s day to day affairs.
10. The Court interviewed the subject who was coherent, understanding the application and consents to appointment of the Petitioner.
DETERMINATION
11. 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:
(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.
12. I have considered the evidence adduced in Court, I am persuaded that the Applicant is best placed to provide adequate care to the subject and ensure his wellbeing.
13. It is in the subject's best interest that the Petitioner is appointed as his personal representative to ensure that funds are available for his upkeep and further medical attention in the future as well as preserve his estate.
14. In the circumstances, these are the orders of the Court that; -
(a) SIMON KAHIGI NJUGUNA MUIGAI is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248).
(b) CHRISTINE MUTHONI KAHIGI is hereby appointed under Section 27 of the Mental Health Act as the Guardian of SIMON KAHIGI NJUGUNA MUIGAI
(c) CHRISTINE MUTHONI KAHIGI is hereby appointed manager of the estate of SIMON KAHIGI NJUGUNA MUIGAI under Section 28 of Mental Health Act to manage his 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.
(d) Pursuant to this appointment CHRISTINE MUTHONI KAHIGI shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging SIMON KAHIGI NJUGUNA MUIGAI.
(e) 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 SIMON KAHIGI NJUGUNA MUIGAI
(f) As Manager of the Estate of the SIMON KAHIGI NJUGUNA MUIGAI, the Petitioner may dispose of the property only with the sanction of the Court.
(g) The matter will be mentioned before court on ……10th June .. 2026 to confirm compliance.
(h) Costs to be met out of the Estate of the Subject.
SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF APRIL, 2026.
P. M. NYAUNDI
JUDGE