In the Matter P.N.C.
And
In the matter of John Bosco Kiguoya Chege & 2 Others-Applicants.
And
In the Matter of Mental Health Act, 248 Laws of Kenya.
1. In the Matter of an Application by Laurence McGrady for Judicial Review [2003] NIQB 15, Kerr J sitting in the High Court of Justice in Northern Ireland said this at para [24]: “It is important to recognise clearly the nature of the role to be performed by the medical member in examining the applicant under Rule 11. He does not reach a final view on the question whether the applicant is suffering from a mental illness or severe mental impairment. His role is confined to a determination on a provisional basis of the patient’s mental condition. He does not consider whether the mental disorder (if he finds it) is sufficiently serious to warrant detention in hospital and he discloses the conclusion that he has reached in the course of the hearing.”
2. In English Vs Emery Reimbold & Strick Ltd [2002] EWCA Civ 605 at paragraph 17 for the position where expert evidence is rejected, and also relies on what Dyson LJ said in R Vs Ashworth Hospital Authority and the Mental Health Review Tribunal at paragraph 80, where he stated that: "[A tribunal which is rejecting expert evidence] must at least indicate the reasoning process by which they have decided to accept some and reject other evidence."
3. In Winterwerp Vs The Netherlands [1979] 2 EHRR 387, 403, paragraph 39: "In the court's opinion, except in emergency cases, the individual concerned should not be deprived of his liberty unless he has been reliably shown to be of 'unsound mind'. The very nature of what has to be established before the competent national authority - that is, a true mental disorder - calls for objective medical expertise. Further, the mental disorder must be of a kind or degree warranting compulsory confinement. What is more, the validity of continued confinement depends upon the persistence of such a disorder."
4. In the Family Petition dated 23 rd May, 2026, the applicant seeks the following four reliefs;
a. That the court be pleased to make a finding that Peter Ngugi Chege is suffering from a mental disorder as defined under Section 2 of the Mental Health Act and is incapable of managing his affairs.
b. That the Petitoners, John Bosco Kiguoya Chege, Christopher Chege Ngugi and David Mukii Ngugi Chege be appointed as guardians of Peter Ngugi Chege and managers of his Estate pursuant to section 26 of the Mental Health Act.
c. That the Managers be specifically empowered to execute all deeds transfer forms and sale agreements necessary to comply with the Judgement in Milimani HCFCC E016/2024, regarding the following properties;
i. For sale Nairobi/Block 75/927 Buruburu Estate
ii. For sale Nairobi/Block 134/799 Komarock Estate
iii. For sub division, Land Refrence No. Loc. 2/Kanderendu/458.
iv. For transfer Nairobi/Block 97/2290 Fedha Estate.
5. John Bosco Chege said that he is a legal advisor within HR setting and I reside in the UK and the subject is his father. He filed this petition as the subject’s health has deteriorated as he is suffering from dementia. The witness now seek guardianship orderto take care of his personal affairs.
6. The witness adopted the affidavit in support of the petition with three annexures, authority letter, medical reports and Order of the High Court which he produced as exhibits in this case. The witness told court that he has been given authority by his brothers to be a guardian.
7. Christopher Ngugi told court that he is a guardian in the UK and that the subject is his father but suffering from Dementia and unable to do things on his own. He has given authority to his brother John Bosco to be a guardian. He signed his consent to have his brother come in as a guardian for the subject.
8. David Chege told court that he is a Chemical Engineer and the subject is his father while John Bosco is his brother. The subject has become ill with dementia and is unable to make decisions by himself. He has an Estate that must be taken care of. There are legal proceedings which need to be affected in respect to his properties. They now seek guardian orders to take care of his properties given his medical condition.
Analysis and determination:
9. 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.
10. Medical Report dated 16 th October 2025 Dr M. Sajid had the following to say; ‘this 77 year old patient is registered at this Surgery and resides at Hill Top Lodge residential care home. He was diagnosed with Vascular dementia on 7 th July 2025 by the Memory Clinic. His son is a Carer for him when he visits family on weekend leave. He is open to Sandwell Community Dementia services.”
11. Consequently, based on the uncontested averment in the supporting as well as the grounds on the body of the petition by the applicant, and more particularly the comments of the Doctor, this court issues the following Orders;
a. This court adjudge that Peter Ngugi Chege is suffering from a mental disorder as defined under Section 2 of the Mental Health Act and is incapable of managing his affairs.
b. The Petitioners herein John Bosco Kiguoya Chege , Christopher Chege Ngugi and David Mukii Ngugi Chege are appointed as Guardians of Peter Ngugi Chege and Managers of his Estate pursuant to section 26 of the Mental Health Act.
c. The Managers are hereby specifically empowered to execute all deeds, transfer forms and sale agreements necessary to comply with the Judgement in Milimani HCFCC E016/2024 , regarding the following properties;
i. For sale: Nairobi/Block 75/927 Buruburu Estate
ii. For sale: Nairobi/Block 134/799 Komarock Estate
iii. For sub division: Land Refrence No. Loc. 2/Kanderendu/458.
iv. For transfer: Nairobi/Block 97/2290 Fedha Estate.
Delivered virtually this 29 th July, 2026 in the presence of all Petitioners and their Counsel and Christine-CA.
R.K. Ondieki,
Judge.
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And
In the matter of John Bosco Kiguoya Chege & 2 Others-Applicants.
And
In the Matter of Mental Health Act, 248 Laws of Kenya.
1. In the Matter of an Application by Laurence McGrady for Judicial Review [2003] NIQB 15, Kerr J sitting in the High Court of Justice in Northern Ireland said this at para [24]: “It is important to recognise clearly the nature of the role to be performed by the medical member in examining the applicant under Rule 11. He does not reach a final view on the question whether the applicant is suffering from a mental illness or severe mental impairment. His role is confined to a determination on a provisional basis of the patient’s mental condition. He does not consider whether the mental disorder (if he finds it) is sufficiently serious to warrant detention in hospital and he discloses the conclusion that he has reached in the course of the hearing.”
2. In English Vs Emery Reimbold & Strick Ltd [2002] EWCA Civ 605 at paragraph 17 for the position where expert evidence is rejected, and also relies on what Dyson LJ said in R Vs Ashworth Hospital Authority and the Mental Health Review Tribunal at paragraph 80, where he stated that: "[A tribunal which is rejecting expert evidence] must at least indicate the reasoning process by which they have decided to accept some and reject other evidence."
3. In Winterwerp Vs The Netherlands [1979] 2 EHRR 387, 403, paragraph 39: "In the court's opinion, except in emergency cases, the individual concerned should not be deprived of his liberty unless he has been reliably shown to be of 'unsound mind'. The very nature of what has to be established before the competent national authority - that is, a true mental disorder - calls for objective medical expertise. Further, the mental disorder must be of a kind or degree warranting compulsory confinement. What is more, the validity of continued confinement depends upon the persistence of such a disorder."
4. In the Family Petition dated 23 rd May, 2026, the applicant seeks the following four reliefs;
a. That the court be pleased to make a finding that Peter Ngugi Chege is suffering from a mental disorder as defined under Section 2 of the Mental Health Act and is incapable of managing his affairs.
b. That the Petitoners, John Bosco Kiguoya Chege, Christopher Chege Ngugi and David Mukii Ngugi Chege be appointed as guardians of Peter Ngugi Chege and managers of his Estate pursuant to section 26 of the Mental Health Act.
c. That the Managers be specifically empowered to execute all deeds transfer forms and sale agreements necessary to comply with the Judgement in Milimani HCFCC E016/2024, regarding the following properties;
i. For sale Nairobi/Block 75/927 Buruburu Estate
ii. For sale Nairobi/Block 134/799 Komarock Estate
iii. For sub division, Land Refrence No. Loc. 2/Kanderendu/458.
iv. For transfer Nairobi/Block 97/2290 Fedha Estate.
5. John Bosco Chege said that he is a legal advisor within HR setting and I reside in the UK and the subject is his father. He filed this petition as the subject’s health has deteriorated as he is suffering from dementia. The witness now seek guardianship orderto take care of his personal affairs.
6. The witness adopted the affidavit in support of the petition with three annexures, authority letter, medical reports and Order of the High Court which he produced as exhibits in this case. The witness told court that he has been given authority by his brothers to be a guardian.
7. Christopher Ngugi told court that he is a guardian in the UK and that the subject is his father but suffering from Dementia and unable to do things on his own. He has given authority to his brother John Bosco to be a guardian. He signed his consent to have his brother come in as a guardian for the subject.
8. David Chege told court that he is a Chemical Engineer and the subject is his father while John Bosco is his brother. The subject has become ill with dementia and is unable to make decisions by himself. He has an Estate that must be taken care of. There are legal proceedings which need to be affected in respect to his properties. They now seek guardian orders to take care of his properties given his medical condition.
Analysis and determination:
9. 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.
10. Medical Report dated 16 th October 2025 Dr M. Sajid had the following to say; ‘this 77 year old patient is registered at this Surgery and resides at Hill Top Lodge residential care home. He was diagnosed with Vascular dementia on 7 th July 2025 by the Memory Clinic. His son is a Carer for him when he visits family on weekend leave. He is open to Sandwell Community Dementia services.”
11. Consequently, based on the uncontested averment in the supporting as well as the grounds on the body of the petition by the applicant, and more particularly the comments of the Doctor, this court issues the following Orders;
a. This court adjudge that Peter Ngugi Chege is suffering from a mental disorder as defined under Section 2 of the Mental Health Act and is incapable of managing his affairs.
b. The Petitioners herein John Bosco Kiguoya Chege , Christopher Chege Ngugi and David Mukii Ngugi Chege are appointed as Guardians of Peter Ngugi Chege and Managers of his Estate pursuant to section 26 of the Mental Health Act.
c. The Managers are hereby specifically empowered to execute all deeds, transfer forms and sale agreements necessary to comply with the Judgement in Milimani HCFCC E016/2024 , regarding the following properties;
i. For sale: Nairobi/Block 75/927 Buruburu Estate
ii. For sale: Nairobi/Block 134/799 Komarock Estate
iii. For sub division: Land Refrence No. Loc. 2/Kanderendu/458.
iv. For transfer: Nairobi/Block 97/2290 Fedha Estate.
Delivered virtually this 29 th July, 2026 in the presence of all Petitioners and their Counsel and Christine-CA.
R.K. Ondieki,
Judge.
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