Introduction :
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, and charters which shall act as anchorage and resets the motion, even as I delve into these processes of mental proceedings in this country, as well as from persuasive jurisdictions.
2. The C ourt of Appeals of New York in Re Storar, Re Eichner (1981) 420 NE 2d 64 at p 72 and Re O’Connor (1988) 531 NE 2d 607 at p 612 per Wachtler CJ. Quoting from Addington and another earlier authority, Wachtler CJ in both cases identified the rationale as follows: “This standard serves to “impress the fact finder with the importance of the decision” and it “forbids relief whenever the evidence is loose, equivocal or contradictory”.
3. In HE Vs A Hospital NHS Trust [2003] EWHC 1017 (Fam), [2003] 2 FLR 408, at para [24] , referring to the standard of proof required for a valid advance directive refusing life sustaining treatment, I said: “ clear and convincing proof is required. I do not suggest that anything more than the usual civil standard of proof on a balance of probability is required. But the more extreme the gravity of the matter in issue so, as it seems to me, the stronger and more cogent must the evidence be: in Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 of the well-known statement by Ungoed-Thomas J in Re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research [1964] 1 WLR 451 at 455. Where, as here, life is at stake, the evidence must be scrutinised with especial care. The continuing validity and applicability of the advance directive must be clearly established by convincing and inherently reliable evidence.”
4. In the Family Miscellaneous Application dated 16th June, 2026, the applicant seeks the following four reliefs under sections 26 and 28 of the Mental Health Act Cap 248 of the Laws of Kenya, Order 32 Rule 1,2,3 and 15 of the Civil Procedure Act.
a. A Declaration do issue that the subject, S.N.G. is a patient and a person suffering from Mental Disorder within the meaning of Mental Health Act, Cap 248, Laws of Kenya.
b. That Lucy Wanjiru Ngugi be appointed as guardian in respect of S.N.G.
c. That Lucy Wanjiru Ngugi be appointed as Manager with general powers for the management of the Estate of SNG, including access to and management of Equity Bank Account No.***720 and Post Bank Account No.***943 as well as any other bank accounts held in the name of SNG at Equity Bank, Post Bank or any other financial that may subsequently be identified.
d. That Lucy Wanjiru Ngugi shall have general powers to deposit and withdraw from Equity Bank Account No.***720 and Post Bank Account No***943 such sums as are necessary for the treatment and maintenance of SNG which sums shall be applied for those purposes only.
e. Any other Orders as the court may deem fit to make.
5. The applicant, Lucy Wanjiru Ngugi ID No.21546107 swore an affidavit in support of the Petition and in addition, she gave sworn testimony reiterating the averments in the supporting affidavit.
6. The witness told court that the subject herein is a widow and a mother to the Petitioner and that there is real likelihood that unless this petition is heard and determined on a priority basis, its very purpose may be defeated and rendered nugatory. This is because the Petition is directly concerned with the welfare, care and wellbeing of SNG who is presently dependent on continuous medical treatment, rehabilitation and nursing care.
7. The subject suffers from cerebral Ischemic Stroke, Bipolar 1 Disorder and Seizure Disorder and as a result, the subject’s cognitive and physical faculties have been significantly impaired, including her memory, thinking language, judgement and behavioural functions thus incapable of effectively managing herself and or her affairs.
8. In addition to her medical history, the Petitioner has attached a discharge dated 6th July 2024, medical report dated 12th February, 2026 from Nairobi West Hospital, certificate of death of the spouse to the subject herein, samples of recurring medical bills and medical insurance premium payment receipt.
9. The Subject herein holds funds in Equity Bank Account No.***720 and Post Bank Account No.***943 which by reason of her impaired mental and physical capacity, she is unable to access, manage or utilize for her benefit including meeting the costs of treatment and rehabilitation, therapy and medication. The Petitioner thus acquires access to these accounts.
10. All the siblings to the Petitioners have consented to this Petition and have appended their signatures vide a consent dated 15th June, 2026.
Analysis and Determination:
11. The subject in this petition is critically ill as exhibited by a Medical Report from Nairobi West Hospital dated 12th February, 2026. In this report, a history of the subject’s ailment has been set out. It reads in part; “the above-named patient was reviewed at our Neurophysician Clinic on 5th February 2026 with a recurrent seizure episode described as tonic in nature, associated with fixed eye gaze, loud vocalization, and frothing at the mouth. She has a prior history of ischemic stroke in 2024, complicated by aphasia. On examination, she is currently on PEG tube feeding and demonstrates generalized spasticity affecting both upper and lower limbs.”
12. It is clear from the observation of the doctor that the subject is suffering from cerebral Ischemic Stroke, Bipolar 1 Disorder and Seizure Disorder and as a result, the subject’s cognitive and physical faculties have been significantly impaired, including her memory, thinking language, judgement and behavioural functions thus incapable of effectively managing herself and or her affairs.
13. The Mental Health Act Cap 248 of the Laws of Kenya , provides for judicial power over persons and estates of persons suffering from mental disorder. Section 26 which deals with Order for custody, management and guardianship states as follow; (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.
14. I also note, that all the three siblings Gitau Ngugi, Angela Njeri Ngugi, and Pauline Waithera Ngugi have formally declared their consent and authorization regarding care and representation of the subject who is their mother by their sister Lucy Wanjiru Ngugi.
15. Consequently, this court issues the following Orders.
a. A Declaration Order do issue that the subject, S.N.G. is a patient and a person suffering from Mental Disorder within the meaning of Mental Health Act, Cap 248, Laws of Kenya.
b. That Lucy Wanjiru Ngugi is hereby appointed guardian in respect of S.N.G.
c. That Lucy Wanjiru Ngugi is hereby appointed as Manager with general powers for the management of the Estate of SNG, including access to and management of Equity Bank Account No.***720 and Post Bank Account No.***943 as well as any other bank accounts held in the name of SNG at Equity Bank, Post Bank or any other financial that may subsequently be identified.
d. That Lucy Wanjiru Ngugi shall have general powers to deposit and withdraw from Equity Bank Account No.***720 and Post Bank Account No***943 such sums as are necessary for the treatment and maintenance of SNG which sums shall be applied for those purposes only.
Delivered in the open court virtually this 24th June, 2026 in the presence of Brian-CA, Mwai Advocate, Petitioner and all interested parties.
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, and charters which shall act as anchorage and resets the motion, even as I delve into these processes of mental proceedings in this country, as well as from persuasive jurisdictions.
2. The C ourt of Appeals of New York in Re Storar, Re Eichner (1981) 420 NE 2d 64 at p 72 and Re O’Connor (1988) 531 NE 2d 607 at p 612 per Wachtler CJ. Quoting from Addington and another earlier authority, Wachtler CJ in both cases identified the rationale as follows: “This standard serves to “impress the fact finder with the importance of the decision” and it “forbids relief whenever the evidence is loose, equivocal or contradictory”.
3. In HE Vs A Hospital NHS Trust [2003] EWHC 1017 (Fam), [2003] 2 FLR 408, at para [24] , referring to the standard of proof required for a valid advance directive refusing life sustaining treatment, I said: “ clear and convincing proof is required. I do not suggest that anything more than the usual civil standard of proof on a balance of probability is required. But the more extreme the gravity of the matter in issue so, as it seems to me, the stronger and more cogent must the evidence be: in Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 of the well-known statement by Ungoed-Thomas J in Re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research [1964] 1 WLR 451 at 455. Where, as here, life is at stake, the evidence must be scrutinised with especial care. The continuing validity and applicability of the advance directive must be clearly established by convincing and inherently reliable evidence.”
4. In the Family Miscellaneous Application dated 16th June, 2026, the applicant seeks the following four reliefs under sections 26 and 28 of the Mental Health Act Cap 248 of the Laws of Kenya, Order 32 Rule 1,2,3 and 15 of the Civil Procedure Act.
a. A Declaration do issue that the subject, S.N.G. is a patient and a person suffering from Mental Disorder within the meaning of Mental Health Act, Cap 248, Laws of Kenya.
b. That Lucy Wanjiru Ngugi be appointed as guardian in respect of S.N.G.
c. That Lucy Wanjiru Ngugi be appointed as Manager with general powers for the management of the Estate of SNG, including access to and management of Equity Bank Account No.***720 and Post Bank Account No.***943 as well as any other bank accounts held in the name of SNG at Equity Bank, Post Bank or any other financial that may subsequently be identified.
d. That Lucy Wanjiru Ngugi shall have general powers to deposit and withdraw from Equity Bank Account No.***720 and Post Bank Account No***943 such sums as are necessary for the treatment and maintenance of SNG which sums shall be applied for those purposes only.
e. Any other Orders as the court may deem fit to make.
5. The applicant, Lucy Wanjiru Ngugi ID No.21546107 swore an affidavit in support of the Petition and in addition, she gave sworn testimony reiterating the averments in the supporting affidavit.
6. The witness told court that the subject herein is a widow and a mother to the Petitioner and that there is real likelihood that unless this petition is heard and determined on a priority basis, its very purpose may be defeated and rendered nugatory. This is because the Petition is directly concerned with the welfare, care and wellbeing of SNG who is presently dependent on continuous medical treatment, rehabilitation and nursing care.
7. The subject suffers from cerebral Ischemic Stroke, Bipolar 1 Disorder and Seizure Disorder and as a result, the subject’s cognitive and physical faculties have been significantly impaired, including her memory, thinking language, judgement and behavioural functions thus incapable of effectively managing herself and or her affairs.
8. In addition to her medical history, the Petitioner has attached a discharge dated 6th July 2024, medical report dated 12th February, 2026 from Nairobi West Hospital, certificate of death of the spouse to the subject herein, samples of recurring medical bills and medical insurance premium payment receipt.
9. The Subject herein holds funds in Equity Bank Account No.***720 and Post Bank Account No.***943 which by reason of her impaired mental and physical capacity, she is unable to access, manage or utilize for her benefit including meeting the costs of treatment and rehabilitation, therapy and medication. The Petitioner thus acquires access to these accounts.
10. All the siblings to the Petitioners have consented to this Petition and have appended their signatures vide a consent dated 15th June, 2026.
Analysis and Determination:
11. The subject in this petition is critically ill as exhibited by a Medical Report from Nairobi West Hospital dated 12th February, 2026. In this report, a history of the subject’s ailment has been set out. It reads in part; “the above-named patient was reviewed at our Neurophysician Clinic on 5th February 2026 with a recurrent seizure episode described as tonic in nature, associated with fixed eye gaze, loud vocalization, and frothing at the mouth. She has a prior history of ischemic stroke in 2024, complicated by aphasia. On examination, she is currently on PEG tube feeding and demonstrates generalized spasticity affecting both upper and lower limbs.”
12. It is clear from the observation of the doctor that the subject is suffering from cerebral Ischemic Stroke, Bipolar 1 Disorder and Seizure Disorder and as a result, the subject’s cognitive and physical faculties have been significantly impaired, including her memory, thinking language, judgement and behavioural functions thus incapable of effectively managing herself and or her affairs.
13. The Mental Health Act Cap 248 of the Laws of Kenya , provides for judicial power over persons and estates of persons suffering from mental disorder. Section 26 which deals with Order for custody, management and guardianship states as follow; (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.
14. I also note, that all the three siblings Gitau Ngugi, Angela Njeri Ngugi, and Pauline Waithera Ngugi have formally declared their consent and authorization regarding care and representation of the subject who is their mother by their sister Lucy Wanjiru Ngugi.
15. Consequently, this court issues the following Orders.
a. A Declaration Order do issue that the subject, S.N.G. is a patient and a person suffering from Mental Disorder within the meaning of Mental Health Act, Cap 248, Laws of Kenya.
b. That Lucy Wanjiru Ngugi is hereby appointed guardian in respect of S.N.G.
c. That Lucy Wanjiru Ngugi is hereby appointed as Manager with general powers for the management of the Estate of SNG, including access to and management of Equity Bank Account No.***720 and Post Bank Account No.***943 as well as any other bank accounts held in the name of SNG at Equity Bank, Post Bank or any other financial that may subsequently be identified.
d. That Lucy Wanjiru Ngugi shall have general powers to deposit and withdraw from Equity Bank Account No.***720 and Post Bank Account No***943 such sums as are necessary for the treatment and maintenance of SNG which sums shall be applied for those purposes only.
Delivered in the open court virtually this 24th June, 2026 in the presence of Brian-CA, Mwai Advocate, Petitioner and all interested parties.