1. By a Chamber Summons application dated 10th September 2026, brought under Order 32 Rule 15 of the Civil Procedure Rules (2010), Section 3A of the Civil Procedure Act (Cap 21), and Section 26 of the Mental Health Act (Cap 248), the Applicant, Martin Mutuma Eustace, seeks the following principal orders:
a) That the Applicant, Martin Mutuma Eustace, be appointed as Next Friend of the Petitioner, Julius Nkinyuru, to conduct and prosecute succession proceedings in Nkubu Succession Cause No. E176 of 2024 on behalf of the Petitioner.
b) That the costs of this application be met out of the estate.
c) That this Honourable Court make such further or other orders as it may deem just and expedient in the circumstances.
2. The application is supported by the affidavit of Martin Mutuma Eustace, sworn at Meru on 10th September 2026.
3. The Applicant deposes that the Petitioner, Julius Nkinyuru, was granted Letters of Administration Intestate on 27th March 2025 by the Senior Principal Magistrate's Court at Nkubu in respect of the estate of the late Julia Kithiru M'Mbui alias Julia M'Mbui (who passed away on 10th November 2008 at Mikumbune Sub-Location).
4. The Applicant contends that subsequent to his appointment as administrator, the Petitioner developed severe cognitive impairment and was examined and adjudged to be a person of unsound mind, rendering him incapable of managing his affairs, giving instructions to legal counsel, or prosecuting the succession cause.
5. The Applicant, being an uncle and close relative of the Petitioner, confirms that he is of full age, sound mind, willing to act as Next Friend, and possesses no interest adverse to that of the Petitioner or the estate.
6. In support of the application, the Applicant annexed a medical examination report dated 10th July 2026 (Ref: MRU/MED/GEN/F.6) issued by Dr. Gituura D.M., Medical Officer for the Chief Executive Officer at Meru Teaching and Referral Hospital.
7. The medical report discloses that the Subject, Julius Nkinyuru, suffers from a triple diagnosis of: i) Convulsive Disorder (Epilepsy) ii) Hypertension; and iii) Senile Dementia, a progressive neurodegenerative disorder.
8. Upon clinical examination, Dr. Gituura D.M. observed features of advanced cognitive impairment, including marked short-term and long-term memory deficits, poor orientation to time, place, and person, impaired judgment and reasoning, inability to comprehend legal or financial decisions, and complete dependence on caregivers for daily living activities.
9. The medical report concludes with the professional opinion that the Subject lacks the mental capacity to make informed decisions independently due to chronic, progressive, and irreversible senile dementia.
10. The legal framework governing the protection of persons suffering from mental disorders and the management of their estates is anchored under the Mental Health Act (Cap 248) and Order 32 Rule 15 of the Civil Procedure Rules. Under Section 26 of the Mental Health Act, the High Court is empowered to make orders for guardianship and management of the estate of any person suffering from a mental disorder to ensure their welfare and estate are properly protected.
11. Similarly, under Order 32 Rule 15 of the Civil Procedure Rules, where a party to a suit or legal proceeding is adjudged to be of unsound mind or incapable of protecting their own interests by reason of mental infirmity, the Court is duty-bound to appoint a suitable person as Next Friend to prosecute or defend the proceedings on their behalf.
12. Having evaluated the medical evidence submitted by Meru Teaching and Referral Hospital, I am fully satisfied that the Subject, Julius Nkinyuru, suffers from severe mental incapacity due to senile dementia and is incapable of managing his own affairs, giving instructions to counsel, or prosecuting Nkubu Succession Cause No. E176 of 2024.
13. It is in the best interest of the Subject and the estate that a legal guardian and Next Friend be appointed to safeguard his legal rights and ensure the administration of the estate proceeds lawfully and expeditiously. The Applicant, being a close relative of sound mind with no adverse interest, is a suitable person for appointment.
14. In the premises, the Court is satisfied that the application is merited and hereby orders as follows:
i. Julius Nkinyuru is hereby declared to be a person suffering from mental disorder and incapacity (Senile Dementia) pursuant to Section 26 of the Mental Health Act (Cap 248) and Order 32 Rule 15 of the Civil Procedure Rules, and is consequently incapable of managing his affairs or prosecuting legal proceedings.
ii. Martin Mutuma Eustace is hereby appointed as the Next Friend and Manager of the Subject, Julius Nkinyuru, to conduct, prosecute, and carry out all legal proceedings in Nkubu Succession Cause No. E176 of 2024 and manage his affairs in relation to the estate.
iii. As Manager and Next Friend, Martin Mutuma Eustace is authorized to sign all necessary court documents, instruments, and applications required for the completion of the succession proceedings. However, pursuant to the provisions of the Mental Health Act, the Manager shall not sell, charge, or dispose of any property belonging to the Subject or the estate without prior sanction and order of this Court.
iv. The appointed Next Friend/Manager shall prepare and deliver to this Court and the Public Trustee, within six (6) months from the date hereof, a full and accurate inventory of all property, debts, and assets belonging to or due to the Subject.
v. In accordance with statutory requirements under the Mental Health Act, the Next Friend/Manager shall cause a notice of his appointment to be published in the Kenya Gazette within thirty (30) days of this Ruling.
vi. This matter shall be mentioned before the Court on 16th November 2026 to confirm compliance with the directions on inventory and gazettement.
vii. The costs of this application shall be met out of the Estate of the Deceased.
DELIVERED, SIGNED & DATED AT MERU THIS 11TH DAY OF SEPTEMBER, 2026.
a) That the Applicant, Martin Mutuma Eustace, be appointed as Next Friend of the Petitioner, Julius Nkinyuru, to conduct and prosecute succession proceedings in Nkubu Succession Cause No. E176 of 2024 on behalf of the Petitioner.
b) That the costs of this application be met out of the estate.
c) That this Honourable Court make such further or other orders as it may deem just and expedient in the circumstances.
2. The application is supported by the affidavit of Martin Mutuma Eustace, sworn at Meru on 10th September 2026.
3. The Applicant deposes that the Petitioner, Julius Nkinyuru, was granted Letters of Administration Intestate on 27th March 2025 by the Senior Principal Magistrate's Court at Nkubu in respect of the estate of the late Julia Kithiru M'Mbui alias Julia M'Mbui (who passed away on 10th November 2008 at Mikumbune Sub-Location).
4. The Applicant contends that subsequent to his appointment as administrator, the Petitioner developed severe cognitive impairment and was examined and adjudged to be a person of unsound mind, rendering him incapable of managing his affairs, giving instructions to legal counsel, or prosecuting the succession cause.
5. The Applicant, being an uncle and close relative of the Petitioner, confirms that he is of full age, sound mind, willing to act as Next Friend, and possesses no interest adverse to that of the Petitioner or the estate.
6. In support of the application, the Applicant annexed a medical examination report dated 10th July 2026 (Ref: MRU/MED/GEN/F.6) issued by Dr. Gituura D.M., Medical Officer for the Chief Executive Officer at Meru Teaching and Referral Hospital.
7. The medical report discloses that the Subject, Julius Nkinyuru, suffers from a triple diagnosis of: i) Convulsive Disorder (Epilepsy) ii) Hypertension; and iii) Senile Dementia, a progressive neurodegenerative disorder.
8. Upon clinical examination, Dr. Gituura D.M. observed features of advanced cognitive impairment, including marked short-term and long-term memory deficits, poor orientation to time, place, and person, impaired judgment and reasoning, inability to comprehend legal or financial decisions, and complete dependence on caregivers for daily living activities.
9. The medical report concludes with the professional opinion that the Subject lacks the mental capacity to make informed decisions independently due to chronic, progressive, and irreversible senile dementia.
10. The legal framework governing the protection of persons suffering from mental disorders and the management of their estates is anchored under the Mental Health Act (Cap 248) and Order 32 Rule 15 of the Civil Procedure Rules. Under Section 26 of the Mental Health Act, the High Court is empowered to make orders for guardianship and management of the estate of any person suffering from a mental disorder to ensure their welfare and estate are properly protected.
11. Similarly, under Order 32 Rule 15 of the Civil Procedure Rules, where a party to a suit or legal proceeding is adjudged to be of unsound mind or incapable of protecting their own interests by reason of mental infirmity, the Court is duty-bound to appoint a suitable person as Next Friend to prosecute or defend the proceedings on their behalf.
12. Having evaluated the medical evidence submitted by Meru Teaching and Referral Hospital, I am fully satisfied that the Subject, Julius Nkinyuru, suffers from severe mental incapacity due to senile dementia and is incapable of managing his own affairs, giving instructions to counsel, or prosecuting Nkubu Succession Cause No. E176 of 2024.
13. It is in the best interest of the Subject and the estate that a legal guardian and Next Friend be appointed to safeguard his legal rights and ensure the administration of the estate proceeds lawfully and expeditiously. The Applicant, being a close relative of sound mind with no adverse interest, is a suitable person for appointment.
14. In the premises, the Court is satisfied that the application is merited and hereby orders as follows:
i. Julius Nkinyuru is hereby declared to be a person suffering from mental disorder and incapacity (Senile Dementia) pursuant to Section 26 of the Mental Health Act (Cap 248) and Order 32 Rule 15 of the Civil Procedure Rules, and is consequently incapable of managing his affairs or prosecuting legal proceedings.
ii. Martin Mutuma Eustace is hereby appointed as the Next Friend and Manager of the Subject, Julius Nkinyuru, to conduct, prosecute, and carry out all legal proceedings in Nkubu Succession Cause No. E176 of 2024 and manage his affairs in relation to the estate.
iii. As Manager and Next Friend, Martin Mutuma Eustace is authorized to sign all necessary court documents, instruments, and applications required for the completion of the succession proceedings. However, pursuant to the provisions of the Mental Health Act, the Manager shall not sell, charge, or dispose of any property belonging to the Subject or the estate without prior sanction and order of this Court.
iv. The appointed Next Friend/Manager shall prepare and deliver to this Court and the Public Trustee, within six (6) months from the date hereof, a full and accurate inventory of all property, debts, and assets belonging to or due to the Subject.
v. In accordance with statutory requirements under the Mental Health Act, the Next Friend/Manager shall cause a notice of his appointment to be published in the Kenya Gazette within thirty (30) days of this Ruling.
vi. This matter shall be mentioned before the Court on 16th November 2026 to confirm compliance with the directions on inventory and gazettement.
vii. The costs of this application shall be met out of the Estate of the Deceased.
DELIVERED, SIGNED & DATED AT MERU THIS 11TH DAY OF SEPTEMBER, 2026.