1. What is before the Court is an Originating Summons dated 28th May 2025, by which Dorcas Wanjiku Koinange, hereafter “the applicant”, seeks to be appointed as the legal guardian of Grace Wachuka Munuhe, also known as Grace Wacuka Albert, hereafter “the ward”, and as the manager of the ward’s estate, on the ground that the ward is a person suffering from a mental disorder. The Originating Summons is brought under Section 26 of the Mental Health Act and Section 144 of the Children Act, 2022.
2. The applicant is the mother of the ward. The ward is a minor, currently aged 16, and a beneficiary of the estate of Albert Munuhe Wanjohi (deceased). In the proceedings before the Court, the applicant also seeks to manage the ward’s estate, particularly her immovable properties, and to “deal with any such description of movable or immovable property, money, debts and legacies, power to execute, sign all deeds and instrument relating to or evidencing title or rights to any property or giving a right to receive any money or goods relating to the said Grace Wachuka Munuhe aka Grace Wacuka Albert”, and that any order issued by this Court subsist beyond the time the ward attains the age of majority, in line with section 127 of the Children Act, 2022.
3. The applicant averred that she had filed the application with the consent of the ward’s brothers. She stated that the ward suffered from intellectual disability and autism spectrum disorder, which affects her decision-making process, judgment, attention and concentration, and that the said ailment has bedeviled her since birth. The applicant contended that the ward is unable to take care of herself or her estate.
4. Ms Koinange stated that the minor ward had been seen and assessed at Port Reitz Mental Hospital, Mombasa, by Dr Said S Mohamed, a consultant psychiatrist and diagnosed with the disability already spoken of. The ward is registered as a person living with disabilities by the Council for Persons Living with Disabilities.
5. The Originating Summons was heard on 2nd March 2026. Only 1 witness was called. The Court, being satisfied that the ward’s ailment was of such a condition as not to make it ideal to bring her to Court, dispensed with the need to have brought her to open Court. The doctor’s report, dated 4th March 2026, on the other hand, was admitted into evidence. That being the case, the doctor's testimony was also dispensed with. In his report, the doctor was categorical that “She suffers from moderate to severe intellectual disability disorder, which is a lifelong illness that is unlikely to improve even with medical intervention.”
6. The applicant testified as the sole witness. She stated that Grace Wacuka Munuhe was her daughter. It was her evidence that the ward suffered from meningitis at a young age, when she was 6 months old. The ward’s father died in 2018. She prayed that she be appointed as the child’s guardian and manager of her estate so that she could care for her.
7. I have considered the pleadings, the documentary evidence, and the oral testimony of the sole witness. In my view, the issues I need to determine are as follows:
1. Whether the ward suffers from mental illness? and
2. If so, what orders should be issued?
8. Appointment of a manager of the estate of a person with mental illness is made under section 27 of the Mental Health Act, as amended in 2022. A manager’s duty is to safeguard the property of the ward. The appointment of a manager must be published in the Kenya Gazette (section 27(4) of the said Act). Any person with probable cause may object to the appointment within 14 days of the publication of the notice. Section 28 (4) of the said Act provides that:-
“A manager shall perform the manager’s duty under this Act responsibly, taking into account the best interests of the estate of the person suffering from mental illness.”
9. Under the Mental Health Act, the application for administration may be made by a “supporter” or “representative” of the person with mental illness, in that order. Although the applicant is not a “supporter” of the Ward, as she wasn't appointed in writing, it is my finding that, being the ward’s mother, she is her “representative” within the meaning of the Act and, therefore, has the locus to file the instant originating summons.
10 In re CWN (a person suffering from mental disorders) [2022]eKLR, the Court stated that:-
“The Petitioners have sought to be declared as guardians and managers of the patient. To merit the above orders, the petitioners must adduce evidence sufficient to satisfy the Court, firstly that the patient is a person suffering from a mental disorder under the Mental Health Act and secondly that the patient is incapable of managing her own affairs.”
11 I would add that the third test is whether the application is in the ward's best interest. People with mental illnesses have diminished capacities to manage their affairs, analogous to those of children. Therefore, the court must ensure the application was filed in the patient's interest. Additionally, the court's orders must be designed to achieve this goal.
12 The evidence adduced shows that Grace Wachuka Munuhe suffers from moderate to severe intellectual disability disorder, which is a lifelong illness that is unlikely to improve even with medical intervention. Dr Said S Mohamed was categorical that the patient requires assistance to manage her affairs, as she cannot do so herself. The ward has a very diminished cognitive ability. Given the findings of the said doctor, it is my view that the ward suffers from a mental illness.
13. The Ward is a beneficiary of her father's estate. Treatment for mental illness is expensive. As the ward is ill, she may not appreciate the need for treatment or be able to manage the treatment regimen. Appointing the applicant as the Ward's guardian ad litem and manager will enable her to access the Ward's estate, thereby allowing her to pay for nursing care and medication. It is therefore in the Ward's best interests to appoint a manager to administer her estate. The manager and guardian ad litem will ensure the Ward receives the most appropriate care, that her estate is not wasted or lost, and that the Ward's interests are safeguarded.
14. The estate of the Ward consists of her inheritance as identified in Mombasa CM Succession Cause No 280 of 2019; re Estate of Albert Munuhe Wanjohi. As earlier indicated, the Applicant seeks to manage the ward’s said estate, pay her medical bills, purchase medication and cover her living expenses.
15. I have read the report written by the psychiatrist. I am satisfied that Grace Wacuka Albert has an irreversible mental illness. Based on the evidence adduced and the doctor's report, Ms Wacuka is unable to manage her own affairs. It will therefore be in her best interest that a manager and a guardian ad litem be appointed to manage her estate. The manager and guardian ad litem will ensure that she receives the most appropriate care possible and that his estate is not wasted.
16. From the evidence of the applicant and the report of the psychiatrist, the ward is unable to manage her affairs. The applicant, as the primary caregiver, is the best person to manage her estate. She will ensure that the ward receives the most appropriate care possible, that her estate is not wasted or lost, and that her best interests are protected.
17. Flowing from the foregoing, there is a case for the appointment of the applicant as the guardian ad litem of Grace Wachuka Munuhe, aka Grace Wacuka Albert and the manager of her estate. In the circumstances, I order as follows:-
1. The applicant is hereby appointed as the guardian ad litem of the ward, Grace Wachuka Munuhe aka Grace Wacuka Albert, and also the manager of her estate;
2. Dorcas Wanjiku Koinange shall manage the Ward’s estate, but will not have the power to sell, charge or otherwise alienate her immovable property without the leave of the Court;
3. Pursuant to section 27(4) of the Mental Health Act, the appointment of the manager and guardian ad litem shall be published in the Kenya Gazette;
4. The manager and guardian-ad-litem shall file an inventory and statement of account of the estate of the patient within 6 months of the date hereof; and
5. I make no orders as to costs as this is a non-contentious matter under the Mental Health Act.
18. Orders accordingly.
Dated and signed in Nairobi, this 9th day of April 2026. Delivered virtually through Microsoft TEAMS.
2. The applicant is the mother of the ward. The ward is a minor, currently aged 16, and a beneficiary of the estate of Albert Munuhe Wanjohi (deceased). In the proceedings before the Court, the applicant also seeks to manage the ward’s estate, particularly her immovable properties, and to “deal with any such description of movable or immovable property, money, debts and legacies, power to execute, sign all deeds and instrument relating to or evidencing title or rights to any property or giving a right to receive any money or goods relating to the said Grace Wachuka Munuhe aka Grace Wacuka Albert”, and that any order issued by this Court subsist beyond the time the ward attains the age of majority, in line with section 127 of the Children Act, 2022.
3. The applicant averred that she had filed the application with the consent of the ward’s brothers. She stated that the ward suffered from intellectual disability and autism spectrum disorder, which affects her decision-making process, judgment, attention and concentration, and that the said ailment has bedeviled her since birth. The applicant contended that the ward is unable to take care of herself or her estate.
4. Ms Koinange stated that the minor ward had been seen and assessed at Port Reitz Mental Hospital, Mombasa, by Dr Said S Mohamed, a consultant psychiatrist and diagnosed with the disability already spoken of. The ward is registered as a person living with disabilities by the Council for Persons Living with Disabilities.
5. The Originating Summons was heard on 2nd March 2026. Only 1 witness was called. The Court, being satisfied that the ward’s ailment was of such a condition as not to make it ideal to bring her to Court, dispensed with the need to have brought her to open Court. The doctor’s report, dated 4th March 2026, on the other hand, was admitted into evidence. That being the case, the doctor's testimony was also dispensed with. In his report, the doctor was categorical that “She suffers from moderate to severe intellectual disability disorder, which is a lifelong illness that is unlikely to improve even with medical intervention.”
6. The applicant testified as the sole witness. She stated that Grace Wacuka Munuhe was her daughter. It was her evidence that the ward suffered from meningitis at a young age, when she was 6 months old. The ward’s father died in 2018. She prayed that she be appointed as the child’s guardian and manager of her estate so that she could care for her.
7. I have considered the pleadings, the documentary evidence, and the oral testimony of the sole witness. In my view, the issues I need to determine are as follows:
1. Whether the ward suffers from mental illness? and
2. If so, what orders should be issued?
8. Appointment of a manager of the estate of a person with mental illness is made under section 27 of the Mental Health Act, as amended in 2022. A manager’s duty is to safeguard the property of the ward. The appointment of a manager must be published in the Kenya Gazette (section 27(4) of the said Act). Any person with probable cause may object to the appointment within 14 days of the publication of the notice. Section 28 (4) of the said Act provides that:-
“A manager shall perform the manager’s duty under this Act responsibly, taking into account the best interests of the estate of the person suffering from mental illness.”
9. Under the Mental Health Act, the application for administration may be made by a “supporter” or “representative” of the person with mental illness, in that order. Although the applicant is not a “supporter” of the Ward, as she wasn't appointed in writing, it is my finding that, being the ward’s mother, she is her “representative” within the meaning of the Act and, therefore, has the locus to file the instant originating summons.
10 In re CWN (a person suffering from mental disorders) [2022]eKLR, the Court stated that:-
“The Petitioners have sought to be declared as guardians and managers of the patient. To merit the above orders, the petitioners must adduce evidence sufficient to satisfy the Court, firstly that the patient is a person suffering from a mental disorder under the Mental Health Act and secondly that the patient is incapable of managing her own affairs.”
11 I would add that the third test is whether the application is in the ward's best interest. People with mental illnesses have diminished capacities to manage their affairs, analogous to those of children. Therefore, the court must ensure the application was filed in the patient's interest. Additionally, the court's orders must be designed to achieve this goal.
12 The evidence adduced shows that Grace Wachuka Munuhe suffers from moderate to severe intellectual disability disorder, which is a lifelong illness that is unlikely to improve even with medical intervention. Dr Said S Mohamed was categorical that the patient requires assistance to manage her affairs, as she cannot do so herself. The ward has a very diminished cognitive ability. Given the findings of the said doctor, it is my view that the ward suffers from a mental illness.
13. The Ward is a beneficiary of her father's estate. Treatment for mental illness is expensive. As the ward is ill, she may not appreciate the need for treatment or be able to manage the treatment regimen. Appointing the applicant as the Ward's guardian ad litem and manager will enable her to access the Ward's estate, thereby allowing her to pay for nursing care and medication. It is therefore in the Ward's best interests to appoint a manager to administer her estate. The manager and guardian ad litem will ensure the Ward receives the most appropriate care, that her estate is not wasted or lost, and that the Ward's interests are safeguarded.
14. The estate of the Ward consists of her inheritance as identified in Mombasa CM Succession Cause No 280 of 2019; re Estate of Albert Munuhe Wanjohi. As earlier indicated, the Applicant seeks to manage the ward’s said estate, pay her medical bills, purchase medication and cover her living expenses.
15. I have read the report written by the psychiatrist. I am satisfied that Grace Wacuka Albert has an irreversible mental illness. Based on the evidence adduced and the doctor's report, Ms Wacuka is unable to manage her own affairs. It will therefore be in her best interest that a manager and a guardian ad litem be appointed to manage her estate. The manager and guardian ad litem will ensure that she receives the most appropriate care possible and that his estate is not wasted.
16. From the evidence of the applicant and the report of the psychiatrist, the ward is unable to manage her affairs. The applicant, as the primary caregiver, is the best person to manage her estate. She will ensure that the ward receives the most appropriate care possible, that her estate is not wasted or lost, and that her best interests are protected.
17. Flowing from the foregoing, there is a case for the appointment of the applicant as the guardian ad litem of Grace Wachuka Munuhe, aka Grace Wacuka Albert and the manager of her estate. In the circumstances, I order as follows:-
1. The applicant is hereby appointed as the guardian ad litem of the ward, Grace Wachuka Munuhe aka Grace Wacuka Albert, and also the manager of her estate;
2. Dorcas Wanjiku Koinange shall manage the Ward’s estate, but will not have the power to sell, charge or otherwise alienate her immovable property without the leave of the Court;
3. Pursuant to section 27(4) of the Mental Health Act, the appointment of the manager and guardian ad litem shall be published in the Kenya Gazette;
4. The manager and guardian-ad-litem shall file an inventory and statement of account of the estate of the patient within 6 months of the date hereof; and
5. I make no orders as to costs as this is a non-contentious matter under the Mental Health Act.
18. Orders accordingly.
Dated and signed in Nairobi, this 9th day of April 2026. Delivered virtually through Microsoft TEAMS.