In the Matter of T.J.A.
And
In the matter of Jeremy Edward Hannington Awori-Applicant,
And
In the Matter of Mental Health Act, 248 Laws of Kenya.
1. In the Family Petition dated 22 nd April, 2026, the applicant seeks the following four reliefs under sections 26, 27, and 28 of the Mental Health Act Cap 248 of the Laws of Kenya;
a. A Declaration do issue that the subject, T.J.A. is a person suffering from Mental disorder under the Mental Health Act, Cap 248 , Laws of Kenya.
b. On account of T.J.A’s condition, this honoyrable court be pleased to appoint the Petitioner as guardian of T.J.A. and to grant the Petitioner custody, care and management of T.J.A in accordance with the Mental Health Act.
2. The applicant avers that the subject was diagnosed with down syndrome during his infancy and despite the best medical care and lifelong functional limitations including severe impairment in verbal communication diminished cognitive faculties and the inability to make decisions necessary for his well-being, the subject is fully dependent on 24-hour basis on his caregivers for his daily living activities and decision making.
3. Pursuant to a Medical Evaluation Report by Dr Ted Omwenga annexed to this petition and marked as JEHA, confirms that the subject lacks the capacity for independent living and is considered fully independent. The subject has remained at all times under the care of the applicant herein for his medical, physical, emotional, therapy and all assistance of his life.
4. The applicant further avers that without formal guardianship, custody care and management orders, he is unable to authoritatively make decisions on his behalf and discharge other critical duties. The applicant is his biological brother and has the best interest of the subject in his heart and fully committed to ensuring his welfare, dignity and quality of life are protected and enhanced.
Analysis and determination:
5. Section 26 of the Mental Health Act, Cap 248, Laws of Kenya provides for the circumstances under which a Court may make orders for the Guardianship of a Subject (Patient) and the management of their affairs as follows:- “(1) The court may make orders—(a) for the management of the estate of any person suffering from mental disorder; and(b) for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person.(2) Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person.(3) Whereupon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think fit for the management of the estate of such person, including proper provision for his maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder.
6. Medical Report dated 1 st January, 2026 prepared by Dr Ted Omwenga (KMPDC no. A13481) produced as an exhibit in his final remarks says; “…in my professional opinion, continued care under consistence and responsible caregiver is medically necessary. The current care arrangement is aligned with the patient’s best medical interests...”
7. Consequently, based on the uncontested averment in the supporting as well as the grounds on the body of the petition by the applicant, this court issues the following Orders.
a. A declaration Order do hereby issue that the subject T.J.A is a person suffering from Mental disorder under the Mental Health Act, Cap 248 , Laws of Kenya.
b. On account of T.J. A’s condition, the Petitioner one Jeremy Edward Hannington Awori is hereby appointed as guardian of T.J.A. Additionally he is granted custody, care and management of T.J.A in accordance with the Mental Health Act.
Delivered in the open court virtually this 24 th June, 2026 in the presence of Christine-CA.
Hon. R.K. Ondieki,
Judge.
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And
In the matter of Jeremy Edward Hannington Awori-Applicant,
And
In the Matter of Mental Health Act, 248 Laws of Kenya.
1. In the Family Petition dated 22 nd April, 2026, the applicant seeks the following four reliefs under sections 26, 27, and 28 of the Mental Health Act Cap 248 of the Laws of Kenya;
a. A Declaration do issue that the subject, T.J.A. is a person suffering from Mental disorder under the Mental Health Act, Cap 248 , Laws of Kenya.
b. On account of T.J.A’s condition, this honoyrable court be pleased to appoint the Petitioner as guardian of T.J.A. and to grant the Petitioner custody, care and management of T.J.A in accordance with the Mental Health Act.
2. The applicant avers that the subject was diagnosed with down syndrome during his infancy and despite the best medical care and lifelong functional limitations including severe impairment in verbal communication diminished cognitive faculties and the inability to make decisions necessary for his well-being, the subject is fully dependent on 24-hour basis on his caregivers for his daily living activities and decision making.
3. Pursuant to a Medical Evaluation Report by Dr Ted Omwenga annexed to this petition and marked as JEHA, confirms that the subject lacks the capacity for independent living and is considered fully independent. The subject has remained at all times under the care of the applicant herein for his medical, physical, emotional, therapy and all assistance of his life.
4. The applicant further avers that without formal guardianship, custody care and management orders, he is unable to authoritatively make decisions on his behalf and discharge other critical duties. The applicant is his biological brother and has the best interest of the subject in his heart and fully committed to ensuring his welfare, dignity and quality of life are protected and enhanced.
Analysis and determination:
5. Section 26 of the Mental Health Act, Cap 248, Laws of Kenya provides for the circumstances under which a Court may make orders for the Guardianship of a Subject (Patient) and the management of their affairs as follows:- “(1) The court may make orders—(a) for the management of the estate of any person suffering from mental disorder; and(b) for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person.(2) Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person.(3) Whereupon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think fit for the management of the estate of such person, including proper provision for his maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder.
6. Medical Report dated 1 st January, 2026 prepared by Dr Ted Omwenga (KMPDC no. A13481) produced as an exhibit in his final remarks says; “…in my professional opinion, continued care under consistence and responsible caregiver is medically necessary. The current care arrangement is aligned with the patient’s best medical interests...”
7. Consequently, based on the uncontested averment in the supporting as well as the grounds on the body of the petition by the applicant, this court issues the following Orders.
a. A declaration Order do hereby issue that the subject T.J.A is a person suffering from Mental disorder under the Mental Health Act, Cap 248 , Laws of Kenya.
b. On account of T.J. A’s condition, the Petitioner one Jeremy Edward Hannington Awori is hereby appointed as guardian of T.J.A. Additionally he is granted custody, care and management of T.J.A in accordance with the Mental Health Act.
Delivered in the open court virtually this 24 th June, 2026 in the presence of Christine-CA.
Hon. R.K. Ondieki,
Judge.
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