1. By a Petition dated 24.4.26, the Petitioners seek that Grimaldi Paolo (the subject), be found to be a person suffering from a mental disorder and in need of care and protection. They also seek that Grimaldi Orazio be appointed as manager and guardian of the subject and of his estate. The Petitioners are all children of the subject.
2. In the supporting affidavit sworn on even date, Grimaldi Orazio deposed that the subject suffered an acute ischemic stroke on 13.1.24. He has since become incapable of managing his affairs.
3. In a medical report dated 5.5.26, Dr. Silvia Cirino of Giovanni Paolo II Hospital indicated that the subject has a history of hypertension, ischemic heart disease and type 2 diabetes. He was aphasic with no verbal output and produces moaning sounds. He inconsistently follows simple commands. Though he was alert, he was disoriented and poorly cooperative.
4. It was stated that the subject managed the affairs of Sunflower House Ltd, a bed and breakfast along Slaughterhouse Road, Malindi. The subject also managed the following accounts with the Malindi branch of Diamond Trust Bank:
Kenya Shillings account number 0966477001 in the name of Sunflower House Limited
Kenya Shillings account number 0281539001 in the name of Paolo Grimaldi
Euro account number 5281539102 in the name of Paolo Grimaldi.
5. Further, that the subject owns the following properties in Malindi:
Savana Residence APT 2A; Apt 2B; APT 6A; APT 6B; APT 7A; APT 7B; APT 8A; APT 8B; APT 9A; APT 9B; APT 10A; APT 10B; APT 11; APT IA; IВ; 3A and ЗB.
6. The subject also holds shares in Amrita Limited.
7. Section 2 of the Act defines a person with mental illness as follows:
“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;
8. Part XII of the Mental Health Act empowers the Court to make orders relating to the care and administration of the property of persons with mental illness.
9. Under Section 26 of the Act, an application for an order for the management and administration of the estate of a person with mental illness may be made to the court, by a supporter of such person or by his representative. In the present case, the application is made by the son of the subject who is a representative, as defined under Section 2 of the Act.
10. Section 27 of the Act provides:
(1) The court may make such an order as it considers necessary for the administration and management of the estate of any person with mental illness including —
(a) an order making provision for the maintenance of the person;
(b) an order making provision for the maintenance of members of the person’s immediate family who are dependent upon the person; and
(c) an order making provision for the payment of the person’s debts.
(2) The court may appoint a manager of the estate of a person with mental illness for the purposes of safeguarding the property of that person.
(3) The court may for the purposes of section (1), appoint the supporter or the representative of the person with mental illness as the manager of the estate of the person under subsection (2).
(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.
(5) Within fourteen days of the Gazette Notice under subsection (4), any person may lodge an objection to the person appointed as manager.
11. The Court has considered the Petition, the supporting affidavit, the exhibited medical report, as well as counsel’s submissions. At the hearing, the Court heard the account of the Petitioners’ on the subject’s condition. The Court was also able to observe the subject and noted that he was in a care home. When spoken to, he made moaning sounds that were incoherent.
12. From the material before the Court including the medical report and the Court’s own observation, it is evident that the subject is a person with mental illness and his condition has rendered him incapable of managing his own affairs. It is therefore necessary to appoint a manager of the subject’s estate for the purposes of safeguarding his property.
13. Grimaldi Anastasia, Grimaldi Anna Debora, Grimaldi Paolo Junior and Grimaldi Amanda Manuela, the subject’s children have all agreed that Grimaldi Orazio be appointed manager of the subject and of his estate. They were all present at the hearing and affirmed their consent. I am satisfied that Grimaldi Orazio is a fit and proper person to be appointed manager over the subject and of his estate.
14. In view of the foregoing, it is hereby ordered as follows:
i) Grimaldi Orazio is hereby appointed manager of Grimaldi Paolo and of his affairs and estate.
ii) Grimaldi Orazio is hereby granted authority to operate the following accounts held by Grimaldi Paolo in the Malindi branch of Diamond Trust Bank:
a) Kenya Shillings account number 0281539001.
b) Euro account number 5281539102.
iii) Grimaldi Orazio is hereby granted authority to operate and manage the following properties in Malindi owned by Grimaldi Paolo:
Savana Residence APT 2A; Apt 2B; APT 6A; APT 6B; APT 7A; APT 7B; APT 8A; APT 8B; APT 9A; APT 9B; APT 10A; APT 10B; APT 11; APT IA; IВ; 3A and ЗB.
iv) Grimaldi Orazio is hereby granted authority to take over and manage Grimaldi Paolo’s interest in Sunflower House Ltd and Amrita Limited.
v) Grimaldi Orazio shall file accounts within the next 180 days and in default, the appointment made herein shall lapse.
vi) Mention for compliance on 23.11.26.
vii) There shall be no order as to costs.
DATED SIGNED and DELIVERED in MALINDI this 21st day of May 2026
2. In the supporting affidavit sworn on even date, Grimaldi Orazio deposed that the subject suffered an acute ischemic stroke on 13.1.24. He has since become incapable of managing his affairs.
3. In a medical report dated 5.5.26, Dr. Silvia Cirino of Giovanni Paolo II Hospital indicated that the subject has a history of hypertension, ischemic heart disease and type 2 diabetes. He was aphasic with no verbal output and produces moaning sounds. He inconsistently follows simple commands. Though he was alert, he was disoriented and poorly cooperative.
4. It was stated that the subject managed the affairs of Sunflower House Ltd, a bed and breakfast along Slaughterhouse Road, Malindi. The subject also managed the following accounts with the Malindi branch of Diamond Trust Bank:
Kenya Shillings account number 0966477001 in the name of Sunflower House Limited
Kenya Shillings account number 0281539001 in the name of Paolo Grimaldi
Euro account number 5281539102 in the name of Paolo Grimaldi.
5. Further, that the subject owns the following properties in Malindi:
Savana Residence APT 2A; Apt 2B; APT 6A; APT 6B; APT 7A; APT 7B; APT 8A; APT 8B; APT 9A; APT 9B; APT 10A; APT 10B; APT 11; APT IA; IВ; 3A and ЗB.
6. The subject also holds shares in Amrita Limited.
7. Section 2 of the Act defines a person with mental illness as follows:
“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;
8. Part XII of the Mental Health Act empowers the Court to make orders relating to the care and administration of the property of persons with mental illness.
9. Under Section 26 of the Act, an application for an order for the management and administration of the estate of a person with mental illness may be made to the court, by a supporter of such person or by his representative. In the present case, the application is made by the son of the subject who is a representative, as defined under Section 2 of the Act.
10. Section 27 of the Act provides:
(1) The court may make such an order as it considers necessary for the administration and management of the estate of any person with mental illness including —
(a) an order making provision for the maintenance of the person;
(b) an order making provision for the maintenance of members of the person’s immediate family who are dependent upon the person; and
(c) an order making provision for the payment of the person’s debts.
(2) The court may appoint a manager of the estate of a person with mental illness for the purposes of safeguarding the property of that person.
(3) The court may for the purposes of section (1), appoint the supporter or the representative of the person with mental illness as the manager of the estate of the person under subsection (2).
(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.
(5) Within fourteen days of the Gazette Notice under subsection (4), any person may lodge an objection to the person appointed as manager.
11. The Court has considered the Petition, the supporting affidavit, the exhibited medical report, as well as counsel’s submissions. At the hearing, the Court heard the account of the Petitioners’ on the subject’s condition. The Court was also able to observe the subject and noted that he was in a care home. When spoken to, he made moaning sounds that were incoherent.
12. From the material before the Court including the medical report and the Court’s own observation, it is evident that the subject is a person with mental illness and his condition has rendered him incapable of managing his own affairs. It is therefore necessary to appoint a manager of the subject’s estate for the purposes of safeguarding his property.
13. Grimaldi Anastasia, Grimaldi Anna Debora, Grimaldi Paolo Junior and Grimaldi Amanda Manuela, the subject’s children have all agreed that Grimaldi Orazio be appointed manager of the subject and of his estate. They were all present at the hearing and affirmed their consent. I am satisfied that Grimaldi Orazio is a fit and proper person to be appointed manager over the subject and of his estate.
14. In view of the foregoing, it is hereby ordered as follows:
i) Grimaldi Orazio is hereby appointed manager of Grimaldi Paolo and of his affairs and estate.
ii) Grimaldi Orazio is hereby granted authority to operate the following accounts held by Grimaldi Paolo in the Malindi branch of Diamond Trust Bank:
a) Kenya Shillings account number 0281539001.
b) Euro account number 5281539102.
iii) Grimaldi Orazio is hereby granted authority to operate and manage the following properties in Malindi owned by Grimaldi Paolo:
Savana Residence APT 2A; Apt 2B; APT 6A; APT 6B; APT 7A; APT 7B; APT 8A; APT 8B; APT 9A; APT 9B; APT 10A; APT 10B; APT 11; APT IA; IВ; 3A and ЗB.
iv) Grimaldi Orazio is hereby granted authority to take over and manage Grimaldi Paolo’s interest in Sunflower House Ltd and Amrita Limited.
v) Grimaldi Orazio shall file accounts within the next 180 days and in default, the appointment made herein shall lapse.
vi) Mention for compliance on 23.11.26.
vii) There shall be no order as to costs.
DATED SIGNED and DELIVERED in MALINDI this 21st day of May 2026