REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HC FAMILY MISC E011 OF 2025
IN THE MATTER OF MENTAL HEALTH ACTICAP 248 LAWS OF KENYA AND IN THE MATTER OF SABINA WAYUA KAVOI
AND
IN THE MATTER OF A PETITION FOR APPOINTMENT OF MANAGER FOR THE ESTATE OF SABINA WAYUA KAVOI
RULING
1. The application before me is dated 22/12/2025 it seeks orders that the applicants be allowed to manage the bank account of Sabina Wayua Kavoi alias Sabina Wayua Kisilu - to enable them raise funds for her treatment and medical care.
2. They also seek that the order granted earlier be amended to include the national identity card number of Sabina Wayua Kisilu
3. The court had allowed the initial application Vide court order dated 11/11/2025 where the applicants were appointed as joint managers of the estate and financial affairs of the subject. (Unfortunately the orders as extracted did not completely reflect the orders of this court – for instance – they refer to the subject as (deceased) which is not the case. That must be corrected as this application is clearly brought under the Mental Health Act, cap 248 Laws of Kenya.
4. The court directed the appointed managers to supply the court with inventory of their mother’s accounts and then other properties of any.
5. From the current application I can see that the applicants have supplied the court with the Identity Card no as no. 4849340 and a copy is attached and two bank accounts both in Kenya Commercial Bank Kencom Branch No. 1288573677 and 1108921663 in the name of Sabina Wayua Kisilu.
6. While the application was brought in the name of Sabina Wayua Kavoi – it is now indicated that her name is also Sabina Wayua Kisilu and it is also sought that the name in the order be amended to read – Sabina Wayua Kisilu.
7. I have perused the file and the previous order considered the application.
8. I note that there was an omission, in the initial order, on the requirements of the law: – upon appointment of the managers the court is required to comply with section 27(4) of the Mental Health Act –which requires that the appointment of a person as a manager of the estate of person suffering from mental illness be gazetted in the Kenya gazette. It states
27. Orders of the Court
(4)The court shall, by notice in the Gazette, inform the public of the appointment of a person as the manager of the estate of a person who is suffering from mental illness.
9. In the circumstances I reiterate the orders of 11 th November 2025 whereby the applicants Felister Mbinya Kisilu & Lilian Mutheu Kisilu were appointed as the managers of the estate of Sabina Wayua Kavoi, now alias Sabina Wayua Kisilu national Identity card no. 4849340
10. The Estate the applicants are to manage are the two Bank accounts given in the inventory as per paragraph 3 of the Notice of Motion dated 22/12/2025: Accounts in Kenya Commercial Bank Kencom Branch No. 1288573677 and 1108921663 in the name of Sabina Wayua Kisilu.
11. The Deputy Registrar to ensure that a notice issued in the Kenya Gazette as required by section 27(4) of the Mental Health Act, Cap 248 LoK.
12. The applicants to provide the court with a quarterly report of any withdrawals/expenditures from the two accounts from the date of this order.
13. The first report to issue within three months hereof on before 12/5/2026.
14. Mention before the DR on 12 th May 2026
Orders accordingly.
Dated, signed and delivered virtually on 9 th February 2026
Mumbua T. Matheka
Judge
Present
CA Mwiwa/Daniel
Counsel for the Applicant Mr. Dickson Shem and Mr. Gichunge
Ms. Lilian Kisilu
IN THE HIGH COURT OF KENYA AT MAKUENI
HC FAMILY MISC E011 OF 2025
IN THE MATTER OF MENTAL HEALTH ACTICAP 248 LAWS OF KENYA AND IN THE MATTER OF SABINA WAYUA KAVOI
AND
IN THE MATTER OF A PETITION FOR APPOINTMENT OF MANAGER FOR THE ESTATE OF SABINA WAYUA KAVOI
RULING
1. The application before me is dated 22/12/2025 it seeks orders that the applicants be allowed to manage the bank account of Sabina Wayua Kavoi alias Sabina Wayua Kisilu - to enable them raise funds for her treatment and medical care.
2. They also seek that the order granted earlier be amended to include the national identity card number of Sabina Wayua Kisilu
3. The court had allowed the initial application Vide court order dated 11/11/2025 where the applicants were appointed as joint managers of the estate and financial affairs of the subject. (Unfortunately the orders as extracted did not completely reflect the orders of this court – for instance – they refer to the subject as (deceased) which is not the case. That must be corrected as this application is clearly brought under the Mental Health Act, cap 248 Laws of Kenya.
4. The court directed the appointed managers to supply the court with inventory of their mother’s accounts and then other properties of any.
5. From the current application I can see that the applicants have supplied the court with the Identity Card no as no. 4849340 and a copy is attached and two bank accounts both in Kenya Commercial Bank Kencom Branch No. 1288573677 and 1108921663 in the name of Sabina Wayua Kisilu.
6. While the application was brought in the name of Sabina Wayua Kavoi – it is now indicated that her name is also Sabina Wayua Kisilu and it is also sought that the name in the order be amended to read – Sabina Wayua Kisilu.
7. I have perused the file and the previous order considered the application.
8. I note that there was an omission, in the initial order, on the requirements of the law: – upon appointment of the managers the court is required to comply with section 27(4) of the Mental Health Act –which requires that the appointment of a person as a manager of the estate of person suffering from mental illness be gazetted in the Kenya gazette. It states
27. Orders of the Court
(4)The court shall, by notice in the Gazette, inform the public of the appointment of a person as the manager of the estate of a person who is suffering from mental illness.
9. In the circumstances I reiterate the orders of 11 th November 2025 whereby the applicants Felister Mbinya Kisilu & Lilian Mutheu Kisilu were appointed as the managers of the estate of Sabina Wayua Kavoi, now alias Sabina Wayua Kisilu national Identity card no. 4849340
10. The Estate the applicants are to manage are the two Bank accounts given in the inventory as per paragraph 3 of the Notice of Motion dated 22/12/2025: Accounts in Kenya Commercial Bank Kencom Branch No. 1288573677 and 1108921663 in the name of Sabina Wayua Kisilu.
11. The Deputy Registrar to ensure that a notice issued in the Kenya Gazette as required by section 27(4) of the Mental Health Act, Cap 248 LoK.
12. The applicants to provide the court with a quarterly report of any withdrawals/expenditures from the two accounts from the date of this order.
13. The first report to issue within three months hereof on before 12/5/2026.
14. Mention before the DR on 12 th May 2026
Orders accordingly.
Dated, signed and delivered virtually on 9 th February 2026
Mumbua T. Matheka
Judge
Present
CA Mwiwa/Daniel
Counsel for the Applicant Mr. Dickson Shem and Mr. Gichunge
Ms. Lilian Kisilu