IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA
In the matter of SPO (A PERSON SUFFERING FROM MENTAL ILLNESS
1. JBO filed an application dated 16 th April, 2026 seeking the following orders:
a) Spent;
b) That this court declares SPO as a person suffering from a mental illness and incapable of managing his affairs;
c) THAT the Applicant be appointed as the Guardian of her father SPO to manage his estate and affairs; and further to transact his bank account on his behalf;
d) THAT costs be in the cause.
2. At the hearing, the Applicant informed the Court that she is the daughter of SPO. She was at home with the Subject and stated that she took up the role of a caregiver and has been living with him since he started being ill in 2011 and providing for his care.
3. The Petitioner testified that the Subject, her father, has been unwell, suffering from (senile dementia) and that he has been in a state of memory loss resulting in mental infirmity. The Subject’s other children, CM and KO, testified that the condition has continued to deteriorate, necessitating several visits to the hospital.
4. She expressed that her intention to seek guardianship is to be her guardian while also protecting her father’s estate.
5. The court issued directions for the submission of the most recent medical report. In compliance with this order, a medical report from Nema Hospital in Kisii, dated 4 th June, 2026 was filed. This report detailed a medical history of dementia and insomnia. The findings indicate that the Subject is currently unable to manage his personal affairs effectively due to his compromised mental health.
Analysis and determination
6. The Court has considered the Petition and the evidence on record. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
7. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “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. The Court had the opportunity to examine the Subject, who was presented via the online platform. Although he could identify the Applicant and his other children, who had introduced themselves, his responses were very minimal.
9. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
10. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held: “This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Applicant to the Subject.”
11. The Court is satisfied of the close relation of the Applicant to the Subject as his daughter. The nuclear family has consented to the appointment.
12. The Applicant has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing his affairs, thereby exposing his estate to potential mismanagement and waste as highlighted. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
13. Accordingly, for the reasons set out above, the Petition dated 16 th April, 2026 is allowed in the following terms;
a. The Subject SPO is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Petitioner, Judith Bwari Obae, as the guardian and manager in respect of SPO and grants her custody, care, and management of the Subject and his estate.
c. As the manager of the estate of the Subject, she is authorized to run his affairs, manage his bank accounts and properties, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;
d. The Manager shall not sell any of the Subject’s assets without the Court’s approval;
e. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
f. The Manager shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;
h. The costs of the petition and any incidental costs shall be paid from the Subject’s Estate.
14. Orders accordingly.
DATED and SIGNED at NAIROBI on this 17TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E142 OF 2026 JUDGMENT2
In the matter of SPO (A PERSON SUFFERING FROM MENTAL ILLNESS
1. JBO filed an application dated 16 th April, 2026 seeking the following orders:
a) Spent;
b) That this court declares SPO as a person suffering from a mental illness and incapable of managing his affairs;
c) THAT the Applicant be appointed as the Guardian of her father SPO to manage his estate and affairs; and further to transact his bank account on his behalf;
d) THAT costs be in the cause.
2. At the hearing, the Applicant informed the Court that she is the daughter of SPO. She was at home with the Subject and stated that she took up the role of a caregiver and has been living with him since he started being ill in 2011 and providing for his care.
3. The Petitioner testified that the Subject, her father, has been unwell, suffering from (senile dementia) and that he has been in a state of memory loss resulting in mental infirmity. The Subject’s other children, CM and KO, testified that the condition has continued to deteriorate, necessitating several visits to the hospital.
4. She expressed that her intention to seek guardianship is to be her guardian while also protecting her father’s estate.
5. The court issued directions for the submission of the most recent medical report. In compliance with this order, a medical report from Nema Hospital in Kisii, dated 4 th June, 2026 was filed. This report detailed a medical history of dementia and insomnia. The findings indicate that the Subject is currently unable to manage his personal affairs effectively due to his compromised mental health.
Analysis and determination
6. The Court has considered the Petition and the evidence on record. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
7. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “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. The Court had the opportunity to examine the Subject, who was presented via the online platform. Although he could identify the Applicant and his other children, who had introduced themselves, his responses were very minimal.
9. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
10. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held: “This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Applicant to the Subject.”
11. The Court is satisfied of the close relation of the Applicant to the Subject as his daughter. The nuclear family has consented to the appointment.
12. The Applicant has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing his affairs, thereby exposing his estate to potential mismanagement and waste as highlighted. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
13. Accordingly, for the reasons set out above, the Petition dated 16 th April, 2026 is allowed in the following terms;
a. The Subject SPO is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Petitioner, Judith Bwari Obae, as the guardian and manager in respect of SPO and grants her custody, care, and management of the Subject and his estate.
c. As the manager of the estate of the Subject, she is authorized to run his affairs, manage his bank accounts and properties, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;
d. The Manager shall not sell any of the Subject’s assets without the Court’s approval;
e. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
f. The Manager shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;
h. The costs of the petition and any incidental costs shall be paid from the Subject’s Estate.
14. Orders accordingly.
DATED and SIGNED at NAIROBI on this 17TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E142 OF 2026 JUDGMENT2