1. The applicant moved the court through the application dated 11th day of June 2026 seeking the following orders;
a) THAT this Honourable Court be pleased to issue a Declaration that KIMUTAI LELEI, the Respondent herein, is a person suffering from a mental disorder within the meaning of Section 2 of the Mental Health Act, Cap 248, Laws of Kenya.
b) THAT this Honourable Court be pleased to appoint LILIAN JEMELI as the Legal Guardian of the Respondent, KIMUTAI LELEI, with full power and authority to:
i. Make decisions regarding the Respondent's personal welfare, healthcare, accommodation, and general well-being;
ii. Provide consent for any medical treatment, procedures, or interventions necessary for the Respondent's welfare;
iii. Take custody, care, and control of the Respondent for purposes of protection, nursing, and supervision; and
iv. Do all such acts and things as are incidental to the guardianship of the Subject.
c) THAT this Honourable Court be pleased to appoint LILIAN JEMELI as Manager of the Estate of the Respondent pursuant to Sections 27 and 28 of the Mental Health Act, Cap 248, Laws of Kenya, with full power and authority to:
i. Manage, control, and administer the Respondent's entire estate, including but not limited to the assets listed in Paragraph 9 above;
ii. Pay all bills, expenses, medical costs, and other outgoings on behalf of the Respondent using the Respondent's funds;
iii. Enter into, execute, and perform all necessary documents, contracts, and instruments incidental to the management of the Respondent's estate; and
iv. Do all such other acts and things as may be necessary for the proper management and preservation of the Respondent's estate, subject always to the provisions of the Mental Health Act and any further orders of this Court.
d) THAT the Applicant, as Manager of the Respondent's estate, be at liberty to apply to this Honourable Court for such allowances and reimbursements as may be necessary out of the Respondent's estate for the maintenance, care, and welfare of the Respondent.
e) THAT the costs of this Application be provided for out of the Respondent's estate.
f) THAT this Honourable Court be pleased to make such further or other orders as it may deem just and expedient in the circumstances.
2. The matter proceeded into hearing wherein the wife, the applicant and all the children were examined by the court. They were in agreement and they all gave their consents.
3. The applicant’s mother identified the husband, the applicant and all the other children while the applicant demonstrated that the father was in need of a legal guardian and that she has the capacity to act as such.
4. After hearing the application, I find that the application which is unopposed meets the requirements of Sections 2, 26, 27, 28, and 29 of the Mental Health Act, Cap 248.
5. It is in my opinion in the best interest of the family that the orders sought are granted. That will go a long way in promoting the right to health and the much-deserved dignity of KIMUTAI LELEI.
6. At the end of the hearing, the court is satisfied that the application is meritorious.
Order:
The application is granted as prayed.
Dated, Signed and Delivered Virtually at Eldoret this day of 31st July 2026.
a) THAT this Honourable Court be pleased to issue a Declaration that KIMUTAI LELEI, the Respondent herein, is a person suffering from a mental disorder within the meaning of Section 2 of the Mental Health Act, Cap 248, Laws of Kenya.
b) THAT this Honourable Court be pleased to appoint LILIAN JEMELI as the Legal Guardian of the Respondent, KIMUTAI LELEI, with full power and authority to:
i. Make decisions regarding the Respondent's personal welfare, healthcare, accommodation, and general well-being;
ii. Provide consent for any medical treatment, procedures, or interventions necessary for the Respondent's welfare;
iii. Take custody, care, and control of the Respondent for purposes of protection, nursing, and supervision; and
iv. Do all such acts and things as are incidental to the guardianship of the Subject.
c) THAT this Honourable Court be pleased to appoint LILIAN JEMELI as Manager of the Estate of the Respondent pursuant to Sections 27 and 28 of the Mental Health Act, Cap 248, Laws of Kenya, with full power and authority to:
i. Manage, control, and administer the Respondent's entire estate, including but not limited to the assets listed in Paragraph 9 above;
ii. Pay all bills, expenses, medical costs, and other outgoings on behalf of the Respondent using the Respondent's funds;
iii. Enter into, execute, and perform all necessary documents, contracts, and instruments incidental to the management of the Respondent's estate; and
iv. Do all such other acts and things as may be necessary for the proper management and preservation of the Respondent's estate, subject always to the provisions of the Mental Health Act and any further orders of this Court.
d) THAT the Applicant, as Manager of the Respondent's estate, be at liberty to apply to this Honourable Court for such allowances and reimbursements as may be necessary out of the Respondent's estate for the maintenance, care, and welfare of the Respondent.
e) THAT the costs of this Application be provided for out of the Respondent's estate.
f) THAT this Honourable Court be pleased to make such further or other orders as it may deem just and expedient in the circumstances.
2. The matter proceeded into hearing wherein the wife, the applicant and all the children were examined by the court. They were in agreement and they all gave their consents.
3. The applicant’s mother identified the husband, the applicant and all the other children while the applicant demonstrated that the father was in need of a legal guardian and that she has the capacity to act as such.
4. After hearing the application, I find that the application which is unopposed meets the requirements of Sections 2, 26, 27, 28, and 29 of the Mental Health Act, Cap 248.
5. It is in my opinion in the best interest of the family that the orders sought are granted. That will go a long way in promoting the right to health and the much-deserved dignity of KIMUTAI LELEI.
6. At the end of the hearing, the court is satisfied that the application is meritorious.
Order:
The application is granted as prayed.
Dated, Signed and Delivered Virtually at Eldoret this day of 31st July 2026.