IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA
In the matter of MMM (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. EW filed an application dated 4 th March, 2026 seeking the following orders:
a) Spent;
b) That this court declares MMM as a person suffering from dementia (a mental illness) and incapable of managing her affairs;
c) THAT the Applicant, Eunice Wahu be appointed as the Guardian of her mother MMM and manager of her estate and all her affairs;
d) THAT the Applicant be granted full access to Bank account Equity Bank AC No. 0570161798427 in the name of MMM, the Subject herein, for the purpose of paying her medical expenses and any other necessary expenses towards maintaining her;
e) THAT the Applicant be permitted to sign and execute any documents required by the bank in relation to the said Bank account.
2. At the hearing, the Applicant informed the Court that she is the daughter of MMM. She was with the Subject at the hearing, along with her brother. Her relationship is backed by the birth certificate produced.
3. They testified that the Subject, their mother, has been unwell since 2021. The Applicant stated that her intention in seeking guardianship is to access her account to pay for her medical expenses and maintenance.
4. The Applicant cites medical evidence from Kenyatta National Hospital. The medical report gave a medical history of degenerative dementia, a cognitive disorder. The reports show that she is not in a proper state to handle her own affairs. The Subject was present at the online hearing; she was bedridden, uncommunicative, and appeared visibly unwell.
Analysis and determination
5. The Court has considered the Application and the evidence on record. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
6. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.”
7. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
8. 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.”
9. The Court is satisfied of the close relation of the Applicant to the Subject as her daughter. The nuclear family represented by the Subject’s son has confirmed the Applicant’s suitability and consented to the appointment.
10. The Applicant has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs and that her estate is vulnerable to potential waste. Consequently, the prayers in the Application are justified and merit approval.
Orders:
11. Accordingly, for the reasons set out above, the Application dated 4 th March, 2026 is allowed in the following terms;
a. The Subject MMM is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Applicant, Eunice Wahu, as the guardian and manager in respect of MMM and grants her custody, care, and management of the Subject and her estate.
c. As the manager of the estate of the Subject, she is authorized to run her affairs, manage her properties, execute all necessary official instruments, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her responsibilities;
d. The order above grants the Applicant permission to access and manage the Subject’s Bank Account No. 057016179827 at Equity Bank. She is authorized to sign and execute any documents required by the Bank in connection with this account;
e. The Manager shall not sell any of the Subject’s assets without the Court’s approval;
f. The Manager shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;
h. The costs of the Application and any incidental costs shall be paid from the Subject’s Estate.
12. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI on this 10 TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E102 OF 2026 JUDGMENT2
In the matter of MMM (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. EW filed an application dated 4 th March, 2026 seeking the following orders:
a) Spent;
b) That this court declares MMM as a person suffering from dementia (a mental illness) and incapable of managing her affairs;
c) THAT the Applicant, Eunice Wahu be appointed as the Guardian of her mother MMM and manager of her estate and all her affairs;
d) THAT the Applicant be granted full access to Bank account Equity Bank AC No. 0570161798427 in the name of MMM, the Subject herein, for the purpose of paying her medical expenses and any other necessary expenses towards maintaining her;
e) THAT the Applicant be permitted to sign and execute any documents required by the bank in relation to the said Bank account.
2. At the hearing, the Applicant informed the Court that she is the daughter of MMM. She was with the Subject at the hearing, along with her brother. Her relationship is backed by the birth certificate produced.
3. They testified that the Subject, their mother, has been unwell since 2021. The Applicant stated that her intention in seeking guardianship is to access her account to pay for her medical expenses and maintenance.
4. The Applicant cites medical evidence from Kenyatta National Hospital. The medical report gave a medical history of degenerative dementia, a cognitive disorder. The reports show that she is not in a proper state to handle her own affairs. The Subject was present at the online hearing; she was bedridden, uncommunicative, and appeared visibly unwell.
Analysis and determination
5. The Court has considered the Application and the evidence on record. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
6. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.”
7. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
8. 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.”
9. The Court is satisfied of the close relation of the Applicant to the Subject as her daughter. The nuclear family represented by the Subject’s son has confirmed the Applicant’s suitability and consented to the appointment.
10. The Applicant has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs and that her estate is vulnerable to potential waste. Consequently, the prayers in the Application are justified and merit approval.
Orders:
11. Accordingly, for the reasons set out above, the Application dated 4 th March, 2026 is allowed in the following terms;
a. The Subject MMM is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Applicant, Eunice Wahu, as the guardian and manager in respect of MMM and grants her custody, care, and management of the Subject and her estate.
c. As the manager of the estate of the Subject, she is authorized to run her affairs, manage her properties, execute all necessary official instruments, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her responsibilities;
d. The order above grants the Applicant permission to access and manage the Subject’s Bank Account No. 057016179827 at Equity Bank. She is authorized to sign and execute any documents required by the Bank in connection with this account;
e. The Manager shall not sell any of the Subject’s assets without the Court’s approval;
f. The Manager shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;
h. The costs of the Application and any incidental costs shall be paid from the Subject’s Estate.
12. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI on this 10 TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E102 OF 2026 JUDGMENT2