1. In his Notice of Motion dated 21st October 2025, the applicant approached this court seeking the following orders;
i ) Spent
ii) That Monica Wambui Miano be declared to be suffering from a mental disorder as defined in the Mental Health Act Cap 248 Laws of Kenya.
iii) That the petitioner be granted leave to represent Monica Wambui Miano as the next friend in Muranga Chief Magistrate’s Court Succession Cause No. E323 of 2024 & E324 of 2024.
iv) That the petitioner be appointed as the manger of her Estate and all the affairs of the said Monica Wambui Miano.
v) That the petitioner be appointed as guardian of Monica Wambui Miano
vi) That the petitioner be granted access to the funds in the Estate of Monica Wambui Miano to help offset the high costs incurred in the continued treatment and management of his estate.
vii) That cost be in the cause.
viii) Any other or better relief and order that the court may deem fit to give in the circumstances.
2. In the grounds anchoring the motion and in his supporting affidavit, the applicant averred that he is the husband of the subject, Monica Wambui Miano and that their union was solemnized under the Kikuyu customary law; that the subject has been diagnosed with dementia and other multiple medical conditions and she was currently incapable of managing both her personal and financial affairs.
3. Further, the applicant contended that the cost of treatment and management of the subject’s illness was extremely high and he required to be appointed as guardian and manager of the subject to enable him access funds from her business ventures to offset her medical bills; that the subject is also a beneficiary in Muranga Chief Magistrate’s Court Succession Cause No. E323 of 2024 & E324 of 2024 and he desires to protect her interests in the matter as her next friend and that the other beneficiaries were not opposed to the application.
4. The application was canvassed before me on 27th January 2026 when the applicant testified and reiterated the depositions in his affidavits. The subject was also in attendance. The court attempted to interview the subject but noted that she was unresponsive. She did not appear to hear or understand the questions put to her by the court.
5. On 29th January 2026, the court directed the applicant to have the subject examined by a mental health practitioner who would prepare a detailed report in line with the provisions of the Mental Health Act. Pursuant to the above directions, the applicant filed a further affidavit to which he annexed a fairly comprehensive report dated 11th March 2026 authored by Dr. Juliana Mbuthia , a Psychiatrist at the Muranga Level 5 Hospital.
6. Having considered the application and all the material placed before me, I find that there is medical evidence from a Psychiatrist, Dr. Juliana Mbuthia proving that the subject was suffering from Alzhemer dementia and was not oriented in time or place and was currently unable to look after herself or her Estate as the above condition greatly impaired her functionality. From the aforesaid medical report, there cannot be any doubt that the subject was a person who was suffering from mental illness as defined in Section 2 of the Mental Health Act.
7. Section 27 of the Mental Health Act (Cap 248) Laws of Kenya (the Act) empowers this court to make such orders as it may consider necessary for the administration and management of the Estate of any person with mental illness including appointment of a manager. The provision states as follows;
" 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).
8. I note from a perusal of the application that the applicant did not disclose particulars of the assets or properties comprising the subject’s Estate as required under Section 26 of the Act. However, considering that there is medical evidence confirming that the subject suffers from multiple health challenges including a mental illness which has completely incapacitated her physical and cognitive abilities, I find that the interests of justice behoves this court to disregard this procedural requirement and to make appropriate orders under Section 27 of the Act to facilitate the subject’s continued upkeep and management of any asset in her Estate.
9. Having taken into account all relevant factors including the undisputed evidence that the applicant was the subject’s husband who has been solely responsible for her medical treatment, upkeep and welfare, I find merit in the application and it is hereby allowed on terms that the applicant is appointed as the manager of all assets in the subject’s Estate including her beneficial interest in the Muranga Chief Magistrate’s Court Succession Cause Nos. E323 and E324 of 2024.
10. Before I pen off, I wish to make an observation regarding prayer 3 of the motion which seeks that the applicant be appointed as the subject’s next friend in the above succession causes. This prayer is in my view misconceived as grant of such an order is not envisioned under Section 27 of the Act. The prayer ought to be made in the appropriate court for consideration in accordance with the law. That prayer therefore fails.
11. In view of the foregoing, this application partially succeeds on terms stated in paragraph 9 above.
DATED, SIGNED and DELIVERED at NAIVASHA this 30th day of June 2026.
C.W GITHUA
JUDGE
i ) Spent
ii) That Monica Wambui Miano be declared to be suffering from a mental disorder as defined in the Mental Health Act Cap 248 Laws of Kenya.
iii) That the petitioner be granted leave to represent Monica Wambui Miano as the next friend in Muranga Chief Magistrate’s Court Succession Cause No. E323 of 2024 & E324 of 2024.
iv) That the petitioner be appointed as the manger of her Estate and all the affairs of the said Monica Wambui Miano.
v) That the petitioner be appointed as guardian of Monica Wambui Miano
vi) That the petitioner be granted access to the funds in the Estate of Monica Wambui Miano to help offset the high costs incurred in the continued treatment and management of his estate.
vii) That cost be in the cause.
viii) Any other or better relief and order that the court may deem fit to give in the circumstances.
2. In the grounds anchoring the motion and in his supporting affidavit, the applicant averred that he is the husband of the subject, Monica Wambui Miano and that their union was solemnized under the Kikuyu customary law; that the subject has been diagnosed with dementia and other multiple medical conditions and she was currently incapable of managing both her personal and financial affairs.
3. Further, the applicant contended that the cost of treatment and management of the subject’s illness was extremely high and he required to be appointed as guardian and manager of the subject to enable him access funds from her business ventures to offset her medical bills; that the subject is also a beneficiary in Muranga Chief Magistrate’s Court Succession Cause No. E323 of 2024 & E324 of 2024 and he desires to protect her interests in the matter as her next friend and that the other beneficiaries were not opposed to the application.
4. The application was canvassed before me on 27th January 2026 when the applicant testified and reiterated the depositions in his affidavits. The subject was also in attendance. The court attempted to interview the subject but noted that she was unresponsive. She did not appear to hear or understand the questions put to her by the court.
5. On 29th January 2026, the court directed the applicant to have the subject examined by a mental health practitioner who would prepare a detailed report in line with the provisions of the Mental Health Act. Pursuant to the above directions, the applicant filed a further affidavit to which he annexed a fairly comprehensive report dated 11th March 2026 authored by Dr. Juliana Mbuthia , a Psychiatrist at the Muranga Level 5 Hospital.
6. Having considered the application and all the material placed before me, I find that there is medical evidence from a Psychiatrist, Dr. Juliana Mbuthia proving that the subject was suffering from Alzhemer dementia and was not oriented in time or place and was currently unable to look after herself or her Estate as the above condition greatly impaired her functionality. From the aforesaid medical report, there cannot be any doubt that the subject was a person who was suffering from mental illness as defined in Section 2 of the Mental Health Act.
7. Section 27 of the Mental Health Act (Cap 248) Laws of Kenya (the Act) empowers this court to make such orders as it may consider necessary for the administration and management of the Estate of any person with mental illness including appointment of a manager. The provision states as follows;
" 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).
8. I note from a perusal of the application that the applicant did not disclose particulars of the assets or properties comprising the subject’s Estate as required under Section 26 of the Act. However, considering that there is medical evidence confirming that the subject suffers from multiple health challenges including a mental illness which has completely incapacitated her physical and cognitive abilities, I find that the interests of justice behoves this court to disregard this procedural requirement and to make appropriate orders under Section 27 of the Act to facilitate the subject’s continued upkeep and management of any asset in her Estate.
9. Having taken into account all relevant factors including the undisputed evidence that the applicant was the subject’s husband who has been solely responsible for her medical treatment, upkeep and welfare, I find merit in the application and it is hereby allowed on terms that the applicant is appointed as the manager of all assets in the subject’s Estate including her beneficial interest in the Muranga Chief Magistrate’s Court Succession Cause Nos. E323 and E324 of 2024.
10. Before I pen off, I wish to make an observation regarding prayer 3 of the motion which seeks that the applicant be appointed as the subject’s next friend in the above succession causes. This prayer is in my view misconceived as grant of such an order is not envisioned under Section 27 of the Act. The prayer ought to be made in the appropriate court for consideration in accordance with the law. That prayer therefore fails.
11. In view of the foregoing, this application partially succeeds on terms stated in paragraph 9 above.
DATED, SIGNED and DELIVERED at NAIVASHA this 30th day of June 2026.
C.W GITHUA
JUDGE