1. The Petitioners filed a Petition dated 30 th March, 2026 under Certificate of Urgency seeking the following orders:
a) Spent;
b) That the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima be declared as a person suffering from mental disorder as defined in the Mental Health Act Cap 248, Laws of Kenya;
c) That Gloria Ndunge Mulwa and Miriam Ngina Mulwa be jointly appointed as legal guardians to the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima;
d) That the Petitioners be appointed as Managers of all the Suject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate and affairs;
e) That the Petitioners be authorised and granted access to fund in the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate held at Barclays Bank of Kenya Ltd now ABSA Bank Kenya PLC Account No. 3998454, Kenya Commercial Bank of Kenya Ltd Account No. 1131102118 and Cooperative Bank of Kenya Ltd Account No. 01-A-18-51049-00-1 to help meet costs in respect to the Subject’s medical care and management of the Subject’s Estate.
f) That the Petitioners render periodic inventory and account on the management of Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate;
g) That this Honourable Court be pleased to grant any further relief and/or order that may be deemed just and fit to grant;
h) That Costs of this Application be borne by the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate.
2. The Petitioners stated during the hearing that they have other siblings whom they had notified about the proceedings and further that they have been caring for the Subject for eight years.
3. The Petitioners told the Court that they previously received funds from the Subject’s Absa bank account, which is presently depleted. They also stated that they require funds from his KCB account and need to access other assets belonging to the Subject to adequately care for him. Mr. Kariuki, the advocate representing the Petitioners, clarified to the Court that the accounts were accessed under a power of attorney granted to the Petitioners.
4. According to the petition and the medical records from Radiant Group of Hospitals, the Subject is 97 years old. He has had progressive dementia, obstructive uropathy, difficulties feeding without feeding gastrostomies, and pressure sores. He is totally dependent and cannot transact on his own.
Issues:
5. 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 Petitioners should be appointed guardians and managers of the estate of the Subject as prayed.
Analysis:
6. The Petitioners seek to be appointed as joint legal guardians and managers of the affairs and estate of Josephat Mulwa Mukima, alias Josphat Mulwa Mukima, as owing to his illness, he can no longer manage his affairs and those of his estate.
Whether the Subject should be declared as suffering from mental ilness 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 suffering from mental illness” as follows: - “person suffering from mental illness” means a person who has been found to be so suffering under this Act and includes a person diagnosed as psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse.”
8. The Subject’s medical condition is indicated as progressive and irreversible. The Subject relies fully on the Petitioners to take care of him, meet his daily maintenance needs, and make all decisions involving his day-to-day life. The Subject is also evidently dependent on medical check-ups, treatment, care, and daily maintenance.
9. The Court has noted the medical documentation presented in the petition indicating a diagnosis of progressive dementia, obstructive uropathy, difficulties feeding without feeding gastrostomies, and pressure sores. The Court is satisfied on the evidence presented that the Subject is a person suffering from a mental illness.
Whether the Petitioners should be appointed as guardians and managers to the Subject
10. The advocate for the Petitioner, in the certificate of urgency, affirmed that the matter was highly urgent. The advocate stated that the Subject is completely unable to handle his financial, medical, legal, personal, and private affairs.
11. The Subject cannot perform transactions, make rational choices, feed himself, or move around, as he is bed-bound. The Subject relies entirely on the Petitioners who have cared for him over many years. Additionally, he requires medical examination, treatment, daily care, maintenance, and legal representation, as he cannot care for himself or make decisions independently.
12. The Petitioners urge the Court to appoint them as legal guardians and managers of the Subject for purposes of managing his estate and/or affairs. The petition is unopposed.
13. 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.”
14. It is also noted that the Court in In re BWG (Mental) [2021] eKLR (Muchemi J.) allowed an application for legal guardian for a Subject who suffered from acute dementia and hypertension and held;
“I am satisfied that the Applicant has established that the Subject is unable to manage her affairs both physically and mentally and that she suffers from acute dementia, hypertension and other ailments. Being a daughter of the Subject, the applicant is a close relative thus satisfying the requirement of the Mental Health Act . She is also mentally, physically and financially able to provide for her mother and to take care of her.”
15. The Court is satisfied of the close relation of the Petitioners to the Subject as his daughters, and that the prayers sought in this petition are deserved and should be granted.
16. The Applicant is, of course, Subject to the accounting requirements placed on managers under Section 33 of the Mental Health Act for periodic inventory and account by the persons appointed managers in terms of Section 33 of the Mental Health Act , which provides as follows:
33. “Manager to furnish inventory and annual accounts
(1) Every person appointed by the court to be manager of the estate of a person under this Part shall, within six months of the date of his appointment, deliver to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) an inventory of the property belonging to the person of whose estate he has been appointed manager and all such sums of money, goods and effects as he receives on account of the estate, together with a statement of all debts owed by or due to such person, and every such manager shall furnish to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) annually, within three months of the 31st December, an account of the property in his charge showing the sums received and disbursed on account of the estate during the year and the balance; such inventory, statement and account shall be in the prescribed form.
(2) Any person may, on payment of such fee as may be prescribed, inspect and obtain a copy of any inventory, statement or account delivered to the court and to the public trustee under subsection (1).
(3) The Public Trustee shall report to the Minister annually on all accounts delivered to him under subsection (2).
(4) Where any person, by petition to the court, impugns the accuracy of any inventory or statement or of any annual account made under this section, the court may summon the manager and inquire summarily into the matter, and make such order as it thinks proper or the court may refer the petition to a magistrate having jurisdiction in the place where the property belonging to the estate concerned is situated, for inquiry and report, and upon receipt of the magistrate’s report the court may make such order as it thinks fit.”
Orders :
17. Accordingly, for the reasons set out above, the petition dated 30 th March, 2026 is allowed in terms that:
a) That the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima is declared as a person suffering from mental illness as defined in the Mental Health Act Cap 248, Laws of Kenya.
b) That Gloria Ndunge Mulwa and Miriam Ngina Mulwa are jointly appointed as the legal guardians to the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima.
c) They are also appointed as Managers of all the Subject Josephat Mulwa Mukima alias Josphat Mulwa Mukima’s Estate.
d) The Managers are authorized and granted access to funds in the Subject Josephat Mulwa Mukima alias Josphat Mulwa Mukima ’s Account held at Barclays Bank of Kenya Ltd now ABSA Bank Kenya PLC Account No. 3998454, Kenya Commercial Bank of Kenya Ltd Account No. 1131102118 and Cooperative Bank of Kenya Ltd Account (details to be confirmed with the Bank) to help meet costs in respect to the Subject’s medical care and management of the Subject’s Estate.
e) All funds or assets due to his estate shall be used solely for the benefit of the Subject.
f) The Petitioners shall not sell any asset of the Subject without prior approval from the Court.
g) The Petitioners 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.
h) The costs of this Application shall be borne by the Subject’s Estate.
18. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 14 TH day of APRIL, 2026.
HON. C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MiSC. CASE E122 OF 2026 RULING2
a) Spent;
b) That the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima be declared as a person suffering from mental disorder as defined in the Mental Health Act Cap 248, Laws of Kenya;
c) That Gloria Ndunge Mulwa and Miriam Ngina Mulwa be jointly appointed as legal guardians to the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima;
d) That the Petitioners be appointed as Managers of all the Suject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate and affairs;
e) That the Petitioners be authorised and granted access to fund in the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate held at Barclays Bank of Kenya Ltd now ABSA Bank Kenya PLC Account No. 3998454, Kenya Commercial Bank of Kenya Ltd Account No. 1131102118 and Cooperative Bank of Kenya Ltd Account No. 01-A-18-51049-00-1 to help meet costs in respect to the Subject’s medical care and management of the Subject’s Estate.
f) That the Petitioners render periodic inventory and account on the management of Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate;
g) That this Honourable Court be pleased to grant any further relief and/or order that may be deemed just and fit to grant;
h) That Costs of this Application be borne by the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima Estate.
2. The Petitioners stated during the hearing that they have other siblings whom they had notified about the proceedings and further that they have been caring for the Subject for eight years.
3. The Petitioners told the Court that they previously received funds from the Subject’s Absa bank account, which is presently depleted. They also stated that they require funds from his KCB account and need to access other assets belonging to the Subject to adequately care for him. Mr. Kariuki, the advocate representing the Petitioners, clarified to the Court that the accounts were accessed under a power of attorney granted to the Petitioners.
4. According to the petition and the medical records from Radiant Group of Hospitals, the Subject is 97 years old. He has had progressive dementia, obstructive uropathy, difficulties feeding without feeding gastrostomies, and pressure sores. He is totally dependent and cannot transact on his own.
Issues:
5. 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 Petitioners should be appointed guardians and managers of the estate of the Subject as prayed.
Analysis:
6. The Petitioners seek to be appointed as joint legal guardians and managers of the affairs and estate of Josephat Mulwa Mukima, alias Josphat Mulwa Mukima, as owing to his illness, he can no longer manage his affairs and those of his estate.
Whether the Subject should be declared as suffering from mental ilness 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 suffering from mental illness” as follows: - “person suffering from mental illness” means a person who has been found to be so suffering under this Act and includes a person diagnosed as psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse.”
8. The Subject’s medical condition is indicated as progressive and irreversible. The Subject relies fully on the Petitioners to take care of him, meet his daily maintenance needs, and make all decisions involving his day-to-day life. The Subject is also evidently dependent on medical check-ups, treatment, care, and daily maintenance.
9. The Court has noted the medical documentation presented in the petition indicating a diagnosis of progressive dementia, obstructive uropathy, difficulties feeding without feeding gastrostomies, and pressure sores. The Court is satisfied on the evidence presented that the Subject is a person suffering from a mental illness.
Whether the Petitioners should be appointed as guardians and managers to the Subject
10. The advocate for the Petitioner, in the certificate of urgency, affirmed that the matter was highly urgent. The advocate stated that the Subject is completely unable to handle his financial, medical, legal, personal, and private affairs.
11. The Subject cannot perform transactions, make rational choices, feed himself, or move around, as he is bed-bound. The Subject relies entirely on the Petitioners who have cared for him over many years. Additionally, he requires medical examination, treatment, daily care, maintenance, and legal representation, as he cannot care for himself or make decisions independently.
12. The Petitioners urge the Court to appoint them as legal guardians and managers of the Subject for purposes of managing his estate and/or affairs. The petition is unopposed.
13. 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.”
14. It is also noted that the Court in In re BWG (Mental) [2021] eKLR (Muchemi J.) allowed an application for legal guardian for a Subject who suffered from acute dementia and hypertension and held;
“I am satisfied that the Applicant has established that the Subject is unable to manage her affairs both physically and mentally and that she suffers from acute dementia, hypertension and other ailments. Being a daughter of the Subject, the applicant is a close relative thus satisfying the requirement of the Mental Health Act . She is also mentally, physically and financially able to provide for her mother and to take care of her.”
15. The Court is satisfied of the close relation of the Petitioners to the Subject as his daughters, and that the prayers sought in this petition are deserved and should be granted.
16. The Applicant is, of course, Subject to the accounting requirements placed on managers under Section 33 of the Mental Health Act for periodic inventory and account by the persons appointed managers in terms of Section 33 of the Mental Health Act , which provides as follows:
33. “Manager to furnish inventory and annual accounts
(1) Every person appointed by the court to be manager of the estate of a person under this Part shall, within six months of the date of his appointment, deliver to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) an inventory of the property belonging to the person of whose estate he has been appointed manager and all such sums of money, goods and effects as he receives on account of the estate, together with a statement of all debts owed by or due to such person, and every such manager shall furnish to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) annually, within three months of the 31st December, an account of the property in his charge showing the sums received and disbursed on account of the estate during the year and the balance; such inventory, statement and account shall be in the prescribed form.
(2) Any person may, on payment of such fee as may be prescribed, inspect and obtain a copy of any inventory, statement or account delivered to the court and to the public trustee under subsection (1).
(3) The Public Trustee shall report to the Minister annually on all accounts delivered to him under subsection (2).
(4) Where any person, by petition to the court, impugns the accuracy of any inventory or statement or of any annual account made under this section, the court may summon the manager and inquire summarily into the matter, and make such order as it thinks proper or the court may refer the petition to a magistrate having jurisdiction in the place where the property belonging to the estate concerned is situated, for inquiry and report, and upon receipt of the magistrate’s report the court may make such order as it thinks fit.”
Orders :
17. Accordingly, for the reasons set out above, the petition dated 30 th March, 2026 is allowed in terms that:
a) That the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima is declared as a person suffering from mental illness as defined in the Mental Health Act Cap 248, Laws of Kenya.
b) That Gloria Ndunge Mulwa and Miriam Ngina Mulwa are jointly appointed as the legal guardians to the Subject, Josephat Mulwa Mukima alias Josphat Mulwa Mukima.
c) They are also appointed as Managers of all the Subject Josephat Mulwa Mukima alias Josphat Mulwa Mukima’s Estate.
d) The Managers are authorized and granted access to funds in the Subject Josephat Mulwa Mukima alias Josphat Mulwa Mukima ’s Account held at Barclays Bank of Kenya Ltd now ABSA Bank Kenya PLC Account No. 3998454, Kenya Commercial Bank of Kenya Ltd Account No. 1131102118 and Cooperative Bank of Kenya Ltd Account (details to be confirmed with the Bank) to help meet costs in respect to the Subject’s medical care and management of the Subject’s Estate.
e) All funds or assets due to his estate shall be used solely for the benefit of the Subject.
f) The Petitioners shall not sell any asset of the Subject without prior approval from the Court.
g) The Petitioners 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.
h) The costs of this Application shall be borne by the Subject’s Estate.
18. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 14 TH day of APRIL, 2026.
HON. C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MiSC. CASE E122 OF 2026 RULING2