IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA
IN THE MATTER OF ZWK (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. LWK filed a Petition dated 16 th October, 2025 seeking the following orders:
a) Spent;
b) That this court declares ZWK as a person suffering from a mental illness and incapable of managing her affairs;
c) THAT the Petitioner be appointed as the Guardian of her mother ZWK;
d) THAT the Petitioner be appointed as a special attorney to follow up on the administration of her property, Gilgil/Gilgil Block 1/1942, jointly owned with Faith Wanjiru Kabage in equal shares;
e) THAT costs be in the cause.
2. At the hearing, the Petitioner informed the Court that she is the daughter of ZWK. She was in the hospital where the Subject was admitted and receiving medical treatment, accompanied by her siblings.
3. The Petitioner testified that the Subject, her mother, has been unwell (dementia) and that her condition deteriorated, necessitating admission.
4. She expressed that her intention to seek guardianship is to be her guardian while also protecting her mother’s estate.
5. The medical report from Metropolitan Hospital, Nairobi dated 31 st March, 2026 gave a medical history of hypertension, diabetes mellitus, osteoarthritis and dementia. The reports show that she is not in a proper state to handle her own affairs.
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. She was admitted in hospital. She appeared visibly unwell and was in the company of the Petitioner and her other children, who identified themselves.
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 her daughter. The nuclear family has consented to the appointment.
12. The Court has confirmed that the Subject’s estate comprises the property Gilgil/Gilgil Block 1/1942, at Kikopei, as shown in the certificate of official search.
13. The property is registered in the names of the Subject and the deceased Faith Wanjiru Kabage. Nicholas Muya, who was appointed administrator of Faith’s estate, attended court, confirmed that the asset is co-owned, and acknowledged the Subject’s interest in the property.
14. The Petitioner has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs, thereby exposing her estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
15. Accordingly, for the reasons set out above, the Petition dated 27 th April, 2026 is allowed in the following terms;
a. The Subject ZWK 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, Lydia Wambui Kabage, as the guardian and manager in respect of ZWK and grants her custody, care, and management of the Subject and her estate.
c. As the manager of the estate of the Subject, she is authorized to run her affairs, manage her 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.
16. Orders accordingly.
DATED and SIGNED at NAIROBI on this 15TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E155 OF 2026 JUDGMENT2
IN THE MATTER OF ZWK (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. LWK filed a Petition dated 16 th October, 2025 seeking the following orders:
a) Spent;
b) That this court declares ZWK as a person suffering from a mental illness and incapable of managing her affairs;
c) THAT the Petitioner be appointed as the Guardian of her mother ZWK;
d) THAT the Petitioner be appointed as a special attorney to follow up on the administration of her property, Gilgil/Gilgil Block 1/1942, jointly owned with Faith Wanjiru Kabage in equal shares;
e) THAT costs be in the cause.
2. At the hearing, the Petitioner informed the Court that she is the daughter of ZWK. She was in the hospital where the Subject was admitted and receiving medical treatment, accompanied by her siblings.
3. The Petitioner testified that the Subject, her mother, has been unwell (dementia) and that her condition deteriorated, necessitating admission.
4. She expressed that her intention to seek guardianship is to be her guardian while also protecting her mother’s estate.
5. The medical report from Metropolitan Hospital, Nairobi dated 31 st March, 2026 gave a medical history of hypertension, diabetes mellitus, osteoarthritis and dementia. The reports show that she is not in a proper state to handle her own affairs.
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. She was admitted in hospital. She appeared visibly unwell and was in the company of the Petitioner and her other children, who identified themselves.
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 her daughter. The nuclear family has consented to the appointment.
12. The Court has confirmed that the Subject’s estate comprises the property Gilgil/Gilgil Block 1/1942, at Kikopei, as shown in the certificate of official search.
13. The property is registered in the names of the Subject and the deceased Faith Wanjiru Kabage. Nicholas Muya, who was appointed administrator of Faith’s estate, attended court, confirmed that the asset is co-owned, and acknowledged the Subject’s interest in the property.
14. The Petitioner has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs, thereby exposing her estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
15. Accordingly, for the reasons set out above, the Petition dated 27 th April, 2026 is allowed in the following terms;
a. The Subject ZWK 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, Lydia Wambui Kabage, as the guardian and manager in respect of ZWK and grants her custody, care, and management of the Subject and her estate.
c. As the manager of the estate of the Subject, she is authorized to run her affairs, manage her 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.
16. Orders accordingly.
DATED and SIGNED at NAIROBI on this 15TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E155 OF 2026 JUDGMENT2