1. The Petitioners filed a Chamber Summons dated 09 th April, 2026 seeking the following orders:
a) THAT the application be certified as urgent and service of the same be dispensed with and the application be heard ex-parte in the first instance;
b) THAT the petitioners be appointed as the managers of Gladys Nanyama Muyundo’s (hereinafter referred to as the Subject) estate in accordance with the Mental Health Act Cap. 248 Laws of Kenya which includes any such description of immoveable or movable property, with power to execute all deeds and instruments relating to or evidencing the title or right to any property or right to receive any money or goods as well as to carry out other incidental and general functions in relation to the estate;
c) THAT pending the hearing and determination of this application inter partes, this honourable court be pleased to issue an interim order authorizing the petitioners/applicants to access and utilize funds from the Subject’s following accounts for the sole purpose of settling her urgent medical expenses and related care costs:
(i) Cooperative Bank of Kenya Limited, Account Number 01109610872700 held at Webuye Branch;
(ii) Kenya Commercial Bank Limited, Account Number 1134323522 held at Webuye Branch;
(iii) The M-pesa account registered to the Mobile Phone Number 0722 411 632.
d) THAT the petitioners be appointed as guardians jointly and severally in respect of the Subject.
2. At the hearing of the application, the Petitioners notified the Court that their mother, the Subject, was hospitalized and hence emphasized the urgency of the application.
3. The Petitioners expressed that their intention in seeking guardianship is to act in their mother’s best interests.
4. They informed the Court that they have reason to believe that the bank accounts they are seeking to access hold funds that can be used to meet the Subject’s medical costs.
5. Treatment notes from Nairobi Hospital were placed before the Court and duly received as evidence. The documents confirm that the Subject underwent surgery and is in hospital receiving treatment.
6. The Subject, GNM, was presented before the Court via the Teams Platform. She exhibited signs of being unwell. She was in the hospital and in the company of the 1 st Petitioner.
Issues:
7. The Court has considered the application and the evidence on record. The issue for determination before this Court are as follows:
i. Whether the Petitioners should be appointed guardians and managers of the estate of the subject as prayed.
Analysis:
8. The Petitioners seek to be appointed as guardians and managers of the affairs and estate of GNM , as owing to her condition, she can no longer manage her affairs and those of her estate.
9. The Court has noted the evidence and medical documentation presented in the Petition and observed the subject during the examination in Court. The Court is satisfied on the evidence presented that the subject is unable to manage her affairs and those of her estate.
10. The Petitioners emphasized that the matter was urgent, noting that funds were urgently needed for the ongoing treatment.
11. 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.”
12. The Court is satisfied of the close relation of the Petitioners to the subject as her son and daughter respectively, and that the prayers sought in this application are deserved and should be granted.
Orders:
13. Accordingly, for the reasons set out above, the application dated 09 th April, 2026 is allowed in the following terms;
a. The Court appoints the Petitioners, DWM and JN, as the guardians and managers in respect of GNM and grants them custody, care, and management of the subject and her estate.
b. As managers of the estate of the Subject, they have powers to run her affairs, including but not limited to operating her bank accounts -
i. Cooperative Bank of Kenya, Webuye Branch A/C No. 01109610872700;
ii. Kenya Commercial Bank, Webuye Branch, A/C No. 1134323522;
iii. M-pesa Account – 0722411632;
and her investment portfolios, as well as executing legally binding instruments on her behalf.
c. All funds or assets due to her estate shall be used solely for the benefit of the Subject.
d. The Petitioners shall render semi-annually an account of dealings therewith to the Court, being a full and accurate account of the dealings with the estate of the subject herein for further orders, as may be appropriate.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 14 TH day of APRIL, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E136 OF 2026 JUDGMENT2
a) THAT the application be certified as urgent and service of the same be dispensed with and the application be heard ex-parte in the first instance;
b) THAT the petitioners be appointed as the managers of Gladys Nanyama Muyundo’s (hereinafter referred to as the Subject) estate in accordance with the Mental Health Act Cap. 248 Laws of Kenya which includes any such description of immoveable or movable property, with power to execute all deeds and instruments relating to or evidencing the title or right to any property or right to receive any money or goods as well as to carry out other incidental and general functions in relation to the estate;
c) THAT pending the hearing and determination of this application inter partes, this honourable court be pleased to issue an interim order authorizing the petitioners/applicants to access and utilize funds from the Subject’s following accounts for the sole purpose of settling her urgent medical expenses and related care costs:
(i) Cooperative Bank of Kenya Limited, Account Number 01109610872700 held at Webuye Branch;
(ii) Kenya Commercial Bank Limited, Account Number 1134323522 held at Webuye Branch;
(iii) The M-pesa account registered to the Mobile Phone Number 0722 411 632.
d) THAT the petitioners be appointed as guardians jointly and severally in respect of the Subject.
2. At the hearing of the application, the Petitioners notified the Court that their mother, the Subject, was hospitalized and hence emphasized the urgency of the application.
3. The Petitioners expressed that their intention in seeking guardianship is to act in their mother’s best interests.
4. They informed the Court that they have reason to believe that the bank accounts they are seeking to access hold funds that can be used to meet the Subject’s medical costs.
5. Treatment notes from Nairobi Hospital were placed before the Court and duly received as evidence. The documents confirm that the Subject underwent surgery and is in hospital receiving treatment.
6. The Subject, GNM, was presented before the Court via the Teams Platform. She exhibited signs of being unwell. She was in the hospital and in the company of the 1 st Petitioner.
Issues:
7. The Court has considered the application and the evidence on record. The issue for determination before this Court are as follows:
i. Whether the Petitioners should be appointed guardians and managers of the estate of the subject as prayed.
Analysis:
8. The Petitioners seek to be appointed as guardians and managers of the affairs and estate of GNM , as owing to her condition, she can no longer manage her affairs and those of her estate.
9. The Court has noted the evidence and medical documentation presented in the Petition and observed the subject during the examination in Court. The Court is satisfied on the evidence presented that the subject is unable to manage her affairs and those of her estate.
10. The Petitioners emphasized that the matter was urgent, noting that funds were urgently needed for the ongoing treatment.
11. 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.”
12. The Court is satisfied of the close relation of the Petitioners to the subject as her son and daughter respectively, and that the prayers sought in this application are deserved and should be granted.
Orders:
13. Accordingly, for the reasons set out above, the application dated 09 th April, 2026 is allowed in the following terms;
a. The Court appoints the Petitioners, DWM and JN, as the guardians and managers in respect of GNM and grants them custody, care, and management of the subject and her estate.
b. As managers of the estate of the Subject, they have powers to run her affairs, including but not limited to operating her bank accounts -
i. Cooperative Bank of Kenya, Webuye Branch A/C No. 01109610872700;
ii. Kenya Commercial Bank, Webuye Branch, A/C No. 1134323522;
iii. M-pesa Account – 0722411632;
and her investment portfolios, as well as executing legally binding instruments on her behalf.
c. All funds or assets due to her estate shall be used solely for the benefit of the Subject.
d. The Petitioners shall render semi-annually an account of dealings therewith to the Court, being a full and accurate account of the dealings with the estate of the subject herein for further orders, as may be appropriate.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 14 TH day of APRIL, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E136 OF 2026 JUDGMENT2