1. By the notice of motion dated 20th April 2026 filed, through the firm of Susan Tum & Company advocates, under Section 2, 26, 27 and 28 of the Mental Health Act and Article 50(1) of the Constitution of Kenya, the Applicant seeks orders:
i. That the Application be certified urgent and be heard on priority basis.
ii. That BENEDICT SAMUEL MULANDI, be adjudged a person suffering from a mental disorder as defined in the Mental Health Act.
iii. That FRANCISCA MBITHE MULANDI, be appointed as the guardian and manager of the estate and affairs of BENEDICT SAMUEL MULANDI.
iv. That primary custody care of BENEDICT SAMUEL MULANDI be vested on FRANCISCA MBITHE MULAND.
v. That FRANCISCA MBITHE MULANDI be authorized to access, transact operate, withdraw and utilize funds from Bank Account No. 2047478238 held at ABSA BANK, Machakos Branch in the joint names of BENEDICT SAMUEL MULANDI and FRANCISCA MBITHE MULANDI and Bank Account Number 01192718005000 held at Co-operative Bank, Tala Branch in the names of BENEDICT SAMUEL MULANDI.
vi. That FRANCISCA MBITHE MULANDI be authorized to access, make enquiring, take control of and or collect all proceeds, including rental income from the properties registered in the names of BENEDICT SAMUEL MULANDI for the interest of the said BENEDICT SAMUEL MULANDI known as:
6.1 GRANT NUMBER IR 234438 at Machakos as IR 23115811.
6.2 Certificate of Title IR 58150 Mavoko Town Land Reference 237/1285.
vii. That FRANCISCA MBITHE MULANDI shall however not have power to sell, change, subdivide or otherwise alienate any of the immovable property without leave of the court.
viii. Any other relief and order that the Court may deem fit to give in the circumstances.
2. The application is premised on the grounds on its face thereby and in the supporting affidavit sworn by FRANCISCA MBITHE MULANDI, the Applicant on 20th April 2026, the gist of which is that the said Benedict Samuel Mulandi has been diagnosed with amongst others dementia, a mental disorder under the Mental Health Act and other related health complications. That as a result he is functionally impaired and depends on a care giver for his daily living activities and is unable to manage his affairs and that of his estate. It is also averred that the applicant seeks access to the funds in the estate to help offset the high costs incurred in the treatment and management of the estate and it is only fair and just that the orders sought be grant.
3. On 28th May 2026, this Court made an order for Benedict Samuel Mulandi to be brought before it so that it could examined him as it is empowered to do under section 26(6) of the Mental Health Act this being our application for the administration and management of the estate of a person with mental illness under section 26(1) of the Act.
4. Benedict Samuel Mulandi was duly brought before the court on 23rd June 2026. He was accompanied by his spouse who is the representative as defined in Section 2 of the Act. Upon examining him this Court was satisfied that he had no capacity to comprehend who he was or where he was whereas we spoke a lot he was not coherent at all and he was candid that he could not recall where he comes from. He could not even remember the name of his wife when he was asked who she was by the court. He left this court with an opinion that he was indeed incapable of managing his own affairs and in order to confirm it was not wrong the Court also summoned the Assistant Chief of his area one Phyllis Musyoka who came and confirmed that she too had observed that his state of mind was unusual. She confirmed that the Applicant was his spouse and that they only had one child. She was not aware if he had any other family members.
5. Among the annexures to the affidavit it a medical report dated 2nd April 2026 signed by one Grace Mulinge a Psychiatric Clinical Officer. The report indicates that Benedict Samuel Mulandi has been a patient at Kangundo Level IV Hospital Mental Health Clinic with a diagnosis of dementia. The report also indicates that his condition has progressively worsened despite ongoing management and has significantly affected his daily functioning. The progress is that he lacks the cognitive capacity required to effectively manage his financial affairs.
6. I have carefully considered the records placed before me which confirm my own observation I concluded on 23rd June 2026. I have also considered the law as set out in the Mental Health Act. It is instructive to note that this application is brought by a representative of the subject but not by a supporter as none had been appointed by the subject. The representative has duly complied with Section 26(2) of the Mental Health Act by submitting an affidavit setting out the grounds upon which the application is made; the full particulars as to the property and relatives of the subject and a copy of the treatment confirming that the subject indeed has a mental illness.
7. Be that as it may the power of this Court does not extend to adjudging a person to be one suffering from a mental illness as that is unto a medical officer or qualified registered mental health practitioner to do, a fact which was confirmed by the medical report. I am however satisfied that there is need to appoint a manager and administrator for the estate of the subject as clearly he is incapable of managing the affairs of his estate. In the premises the application to appoint his representative Francisca Mbithe Mulandi as manager and administrator of his estate is allowed. As provided under Section 27(2) of the Act the role of the manager is to safeguard the property of the subject. The duties of the manager, as provided in Section 28(2) of the Act shall not, without approval of the Court, be exercised so as to mortgage, change or transfer by sale, gift, surrender or exchange any immovable property of which the estate may consist. The manager shall also not leave any of the properties of the subject for a term exceeding five years; or invest in any securities other than those authorized under the Trustee Act. Further the manager shall not invest any funds belonging to the estate managed by her in any company or undertaking in which she has an interest or in the purchase of immovable property under the authority of Section 4(1) (d) of the Trustee Act without prior consent of this Court. She shall perform the manager’s duty under this Act responsibly taking into account the best interest of the estate of the subject.
8. For the avoidance of doubt it is to be noted that this court has not made any order authorizing the representative now appointed manager to operate, access, transact, withdraw or utilize funds from the subjects own account No. 01192718005000 held at the Co-Operative Bank, Tala Branch. She may however access, make enquiry and collect the rental income from the properties belonging to the estate of Benedict Samuel Mulandi, and pay the same into the joint account held at ABSA Bank, Machakos branch and shall utilize the same for the maintenance of the subject, herself and their son and also to maintain the property. It is reiterated that she must perform her duties responsibly taking into account the best interests of the estate of the subject.
9. In addition to the above, it is hereby further ordered:
i. That Francisca Mbithe Mulandi now being the manager of the estate of Benedict Samuel Mulandi shall within six (6) months of this ruling deliver to this Court and to the Public Trustee an inventory, in the prescribed form of –
a. The property belonging to Benedict Samuel Mulandi.
b. All sums of money, goods and effects that she receives on account of the estate; and
c. A statement of debts owed by or due to Benedict Samuel Mulandi.
ii. That Francisca Mbithe Mulandi is hereby cautioned that it is an offence to contravene the provisions of the Act upon which she has been appointed and that any loss arising from her appointment due to mismanagement of the estate by herself shall be recoverable summarily as a civil debt from her own estate.
iii. The Deputy Registrar of this Court shall within fourteen days of this ruling, cause the appointment of Francisca Mbithe Mulandi to be published in the Kenya Gazette as required under Section 27 (4) of the mental health act and any person shall within 14 days of the Gazette Notice be at liberty to lodge an objection to the person appointed as managers.
Orders accordingly.
Ruling dated, signed and delivered virtually through Microsoft Teams on this 11th Day of August 2026.
In the presence of:
Ms. Tum for the Applicant.
The Applicant
Miriam Court assistant/Interpreter
i. That the Application be certified urgent and be heard on priority basis.
ii. That BENEDICT SAMUEL MULANDI, be adjudged a person suffering from a mental disorder as defined in the Mental Health Act.
iii. That FRANCISCA MBITHE MULANDI, be appointed as the guardian and manager of the estate and affairs of BENEDICT SAMUEL MULANDI.
iv. That primary custody care of BENEDICT SAMUEL MULANDI be vested on FRANCISCA MBITHE MULAND.
v. That FRANCISCA MBITHE MULANDI be authorized to access, transact operate, withdraw and utilize funds from Bank Account No. 2047478238 held at ABSA BANK, Machakos Branch in the joint names of BENEDICT SAMUEL MULANDI and FRANCISCA MBITHE MULANDI and Bank Account Number 01192718005000 held at Co-operative Bank, Tala Branch in the names of BENEDICT SAMUEL MULANDI.
vi. That FRANCISCA MBITHE MULANDI be authorized to access, make enquiring, take control of and or collect all proceeds, including rental income from the properties registered in the names of BENEDICT SAMUEL MULANDI for the interest of the said BENEDICT SAMUEL MULANDI known as:
6.1 GRANT NUMBER IR 234438 at Machakos as IR 23115811.
6.2 Certificate of Title IR 58150 Mavoko Town Land Reference 237/1285.
vii. That FRANCISCA MBITHE MULANDI shall however not have power to sell, change, subdivide or otherwise alienate any of the immovable property without leave of the court.
viii. Any other relief and order that the Court may deem fit to give in the circumstances.
2. The application is premised on the grounds on its face thereby and in the supporting affidavit sworn by FRANCISCA MBITHE MULANDI, the Applicant on 20th April 2026, the gist of which is that the said Benedict Samuel Mulandi has been diagnosed with amongst others dementia, a mental disorder under the Mental Health Act and other related health complications. That as a result he is functionally impaired and depends on a care giver for his daily living activities and is unable to manage his affairs and that of his estate. It is also averred that the applicant seeks access to the funds in the estate to help offset the high costs incurred in the treatment and management of the estate and it is only fair and just that the orders sought be grant.
3. On 28th May 2026, this Court made an order for Benedict Samuel Mulandi to be brought before it so that it could examined him as it is empowered to do under section 26(6) of the Mental Health Act this being our application for the administration and management of the estate of a person with mental illness under section 26(1) of the Act.
4. Benedict Samuel Mulandi was duly brought before the court on 23rd June 2026. He was accompanied by his spouse who is the representative as defined in Section 2 of the Act. Upon examining him this Court was satisfied that he had no capacity to comprehend who he was or where he was whereas we spoke a lot he was not coherent at all and he was candid that he could not recall where he comes from. He could not even remember the name of his wife when he was asked who she was by the court. He left this court with an opinion that he was indeed incapable of managing his own affairs and in order to confirm it was not wrong the Court also summoned the Assistant Chief of his area one Phyllis Musyoka who came and confirmed that she too had observed that his state of mind was unusual. She confirmed that the Applicant was his spouse and that they only had one child. She was not aware if he had any other family members.
5. Among the annexures to the affidavit it a medical report dated 2nd April 2026 signed by one Grace Mulinge a Psychiatric Clinical Officer. The report indicates that Benedict Samuel Mulandi has been a patient at Kangundo Level IV Hospital Mental Health Clinic with a diagnosis of dementia. The report also indicates that his condition has progressively worsened despite ongoing management and has significantly affected his daily functioning. The progress is that he lacks the cognitive capacity required to effectively manage his financial affairs.
6. I have carefully considered the records placed before me which confirm my own observation I concluded on 23rd June 2026. I have also considered the law as set out in the Mental Health Act. It is instructive to note that this application is brought by a representative of the subject but not by a supporter as none had been appointed by the subject. The representative has duly complied with Section 26(2) of the Mental Health Act by submitting an affidavit setting out the grounds upon which the application is made; the full particulars as to the property and relatives of the subject and a copy of the treatment confirming that the subject indeed has a mental illness.
7. Be that as it may the power of this Court does not extend to adjudging a person to be one suffering from a mental illness as that is unto a medical officer or qualified registered mental health practitioner to do, a fact which was confirmed by the medical report. I am however satisfied that there is need to appoint a manager and administrator for the estate of the subject as clearly he is incapable of managing the affairs of his estate. In the premises the application to appoint his representative Francisca Mbithe Mulandi as manager and administrator of his estate is allowed. As provided under Section 27(2) of the Act the role of the manager is to safeguard the property of the subject. The duties of the manager, as provided in Section 28(2) of the Act shall not, without approval of the Court, be exercised so as to mortgage, change or transfer by sale, gift, surrender or exchange any immovable property of which the estate may consist. The manager shall also not leave any of the properties of the subject for a term exceeding five years; or invest in any securities other than those authorized under the Trustee Act. Further the manager shall not invest any funds belonging to the estate managed by her in any company or undertaking in which she has an interest or in the purchase of immovable property under the authority of Section 4(1) (d) of the Trustee Act without prior consent of this Court. She shall perform the manager’s duty under this Act responsibly taking into account the best interest of the estate of the subject.
8. For the avoidance of doubt it is to be noted that this court has not made any order authorizing the representative now appointed manager to operate, access, transact, withdraw or utilize funds from the subjects own account No. 01192718005000 held at the Co-Operative Bank, Tala Branch. She may however access, make enquiry and collect the rental income from the properties belonging to the estate of Benedict Samuel Mulandi, and pay the same into the joint account held at ABSA Bank, Machakos branch and shall utilize the same for the maintenance of the subject, herself and their son and also to maintain the property. It is reiterated that she must perform her duties responsibly taking into account the best interests of the estate of the subject.
9. In addition to the above, it is hereby further ordered:
i. That Francisca Mbithe Mulandi now being the manager of the estate of Benedict Samuel Mulandi shall within six (6) months of this ruling deliver to this Court and to the Public Trustee an inventory, in the prescribed form of –
a. The property belonging to Benedict Samuel Mulandi.
b. All sums of money, goods and effects that she receives on account of the estate; and
c. A statement of debts owed by or due to Benedict Samuel Mulandi.
ii. That Francisca Mbithe Mulandi is hereby cautioned that it is an offence to contravene the provisions of the Act upon which she has been appointed and that any loss arising from her appointment due to mismanagement of the estate by herself shall be recoverable summarily as a civil debt from her own estate.
iii. The Deputy Registrar of this Court shall within fourteen days of this ruling, cause the appointment of Francisca Mbithe Mulandi to be published in the Kenya Gazette as required under Section 27 (4) of the mental health act and any person shall within 14 days of the Gazette Notice be at liberty to lodge an objection to the person appointed as managers.
Orders accordingly.
Ruling dated, signed and delivered virtually through Microsoft Teams on this 11th Day of August 2026.
In the presence of:
Ms. Tum for the Applicant.
The Applicant
Miriam Court assistant/Interpreter