1. Before this Court is a petition filed by the Applicants seeking the following orders:
a) Spent
b) THAT the subject be adjudged to be suffering from mental disorder as defined in the Mental Health Act, Cap 248 Laws of Kenya.
c) THAT the subject be adjudged to be a person with disability.
d) THAT NNW, AGW and CWW be appointed as legal guardians to LWN.
e) THAT the court do make any further orders as it may deem just and fit to grant.
2. The Petition is premised on the grounds on the face of the Petition. The Petition is supported by an Affidavit dated 12 th February, 2026, sworn by the Petitioner, NNW . The Petition was submitted along with a Chamber Summons of even date.
3. The Petitioners, who are the daughters of the subject, LWN, stated that she is 61 years old and has been unwell since October 2025. She is currently bedridden and unable to communicate or care for herself due to her illness, which followed surgery at Aga Khan Hospital after she experienced progressive visual impairment. On 13 th October, 2025, she underwent an endoscopic excision.
4. The Petitioners further explained that their mother’s illness has led to multiple hospital admissions, and she has been continuously under medication. Consequently, she is not well enough to manage her affairs independently. Given the serious nature of her condition, LWN has been living with her daughters since she fell ill.
5. The matter proceeded through viva voce evidence via the Teams online platform, with the subject, LWN , presented before the Court. During the examination, it was observed that she was bedridden, situated in a hospital bed, and surrounded by visible tubes and medical equipment. The Petitioners, identified as PW1, PW2 , and PW3 , affirmed that LWN is their mother and has been in declining health since October, 2025. They testified regarding their role in her care, stating that the expenses associated with her home care amount to approximately Kshs.800,000/= per month. The applicants have indicated that LWN holds Accounts with ABC Bank and Standard Chartered Bank, containing funds that may be applied to the settlement of medical expenses and the continuation of the construction project in which the Subject is engaged. The applicants provided documentation verifying the Subject’s ownership of these accounts.
6. The Petitioners have sought to be appointed as legal guardians to the subject LWN . To merit the above orders, the Petitioners must adduce evidence sufficient to satisfy the Court firstly that the Patient is a person suffering from a mental disorder under the Mental Health Act and secondly that the Patient is incapable of managing her own affairs.
7. In their evidence, the Petitioners stated that they are the daughters of the subject. They stated that the orders sought will enable them to use it for her benefit.
8. The Court was able to observe the subject on the online platform, she was bedridden and in a hospital bed, had visible tubes placed and medical machines in her room.
9. The medical reports dated 29 th January, 2026, by Prof. Edwin K. Mogere of Aga Khan University Hospital were filed in Court. In the said reports, the Doctor stated that the subject LWN has suffered neurological insult with persisted deficits and at present, she is not well enough to independently manage her affairs, including giving consistent instructions on complex matters, such as legal and financial decisions, due to significant physical dependence and neurological disability and periods of impaired communication and/or reduced capacity for reliable assessment of higher mental functions, in the context of her brain injury and medical instability. The doctor further stated in the report that the subject’s recovery is expected to be prolonged and variable, requiring continued medical management, rehabilitation and specialist follow-up, and it is currently not possible to predict with certainty when she will recover sufficiently to resume independent management of her affairs. The doctor further indicated that the subject requires temporary guardianship or an equivalent legally recognized arrangement to manage time-sensitive matters until she regains capacity and recommends formal assessment of her functional and cognitive capacity at intervals of 12-16 weeks or earlier if there is major clinical improvement, aligned to her neurosurgical and rehabilitation follow-up.
10. The Mental Health Act provides for the care of persons who are suffering from a mental disorder, the custody of their persons and the management of the estate of such persons. Section 26 1 (a) and (b) of the Act grants the Court powers to grant orders for management of the estate of subjects and for their guardianship by any near relatives or any suitable persons.
11. 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.
12. Under of the Act it provides,
“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 persons, 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.” [own emphasis]
13. Section 28 of the same Act provides for the management of the subject’s estate.
14. I have carefully considered the Petition, Application, the Affidavit filed in Court, the medical reports, as well as the evidence adduced in the matter. Section 26 of the Mental Health Act, Cap 248, Laws of Kenya empowers the Court to 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 any other suitable person.”
15. The Medical Reports by the doctor demonstrate that the subject needs assistance and a guardian(s) to manage her affairs. From the evidence produced by the Petitioners and the Medical Reports on record, I am satisfied of the merit of this Application, and I hereby allow prayers a, b, c and e of the Petition dated 12 th February, 2026 .
16. The subject, LWN , is hereby declared incapable of managing her affairs, and the Applicants NNW, AGW and CWW are hereby appointed as legal guardians of the subject LWN .
17. The guardians should inform the Court once the Subject’s health has improved and she is capable of handling her affairs.
18. The guardians shall file semi-annual reports indicating the medical status of the subject and accounts of how any monies accessed have been applied for the benefit of the subject.
19. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 4th day of MARCH, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E058 OF 2026 JUDGMENT2
a) Spent
b) THAT the subject be adjudged to be suffering from mental disorder as defined in the Mental Health Act, Cap 248 Laws of Kenya.
c) THAT the subject be adjudged to be a person with disability.
d) THAT NNW, AGW and CWW be appointed as legal guardians to LWN.
e) THAT the court do make any further orders as it may deem just and fit to grant.
2. The Petition is premised on the grounds on the face of the Petition. The Petition is supported by an Affidavit dated 12 th February, 2026, sworn by the Petitioner, NNW . The Petition was submitted along with a Chamber Summons of even date.
3. The Petitioners, who are the daughters of the subject, LWN, stated that she is 61 years old and has been unwell since October 2025. She is currently bedridden and unable to communicate or care for herself due to her illness, which followed surgery at Aga Khan Hospital after she experienced progressive visual impairment. On 13 th October, 2025, she underwent an endoscopic excision.
4. The Petitioners further explained that their mother’s illness has led to multiple hospital admissions, and she has been continuously under medication. Consequently, she is not well enough to manage her affairs independently. Given the serious nature of her condition, LWN has been living with her daughters since she fell ill.
5. The matter proceeded through viva voce evidence via the Teams online platform, with the subject, LWN , presented before the Court. During the examination, it was observed that she was bedridden, situated in a hospital bed, and surrounded by visible tubes and medical equipment. The Petitioners, identified as PW1, PW2 , and PW3 , affirmed that LWN is their mother and has been in declining health since October, 2025. They testified regarding their role in her care, stating that the expenses associated with her home care amount to approximately Kshs.800,000/= per month. The applicants have indicated that LWN holds Accounts with ABC Bank and Standard Chartered Bank, containing funds that may be applied to the settlement of medical expenses and the continuation of the construction project in which the Subject is engaged. The applicants provided documentation verifying the Subject’s ownership of these accounts.
6. The Petitioners have sought to be appointed as legal guardians to the subject LWN . To merit the above orders, the Petitioners must adduce evidence sufficient to satisfy the Court firstly that the Patient is a person suffering from a mental disorder under the Mental Health Act and secondly that the Patient is incapable of managing her own affairs.
7. In their evidence, the Petitioners stated that they are the daughters of the subject. They stated that the orders sought will enable them to use it for her benefit.
8. The Court was able to observe the subject on the online platform, she was bedridden and in a hospital bed, had visible tubes placed and medical machines in her room.
9. The medical reports dated 29 th January, 2026, by Prof. Edwin K. Mogere of Aga Khan University Hospital were filed in Court. In the said reports, the Doctor stated that the subject LWN has suffered neurological insult with persisted deficits and at present, she is not well enough to independently manage her affairs, including giving consistent instructions on complex matters, such as legal and financial decisions, due to significant physical dependence and neurological disability and periods of impaired communication and/or reduced capacity for reliable assessment of higher mental functions, in the context of her brain injury and medical instability. The doctor further stated in the report that the subject’s recovery is expected to be prolonged and variable, requiring continued medical management, rehabilitation and specialist follow-up, and it is currently not possible to predict with certainty when she will recover sufficiently to resume independent management of her affairs. The doctor further indicated that the subject requires temporary guardianship or an equivalent legally recognized arrangement to manage time-sensitive matters until she regains capacity and recommends formal assessment of her functional and cognitive capacity at intervals of 12-16 weeks or earlier if there is major clinical improvement, aligned to her neurosurgical and rehabilitation follow-up.
10. The Mental Health Act provides for the care of persons who are suffering from a mental disorder, the custody of their persons and the management of the estate of such persons. Section 26 1 (a) and (b) of the Act grants the Court powers to grant orders for management of the estate of subjects and for their guardianship by any near relatives or any suitable persons.
11. 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.
12. Under of the Act it provides,
“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 persons, 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.” [own emphasis]
13. Section 28 of the same Act provides for the management of the subject’s estate.
14. I have carefully considered the Petition, Application, the Affidavit filed in Court, the medical reports, as well as the evidence adduced in the matter. Section 26 of the Mental Health Act, Cap 248, Laws of Kenya empowers the Court to 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 any other suitable person.”
15. The Medical Reports by the doctor demonstrate that the subject needs assistance and a guardian(s) to manage her affairs. From the evidence produced by the Petitioners and the Medical Reports on record, I am satisfied of the merit of this Application, and I hereby allow prayers a, b, c and e of the Petition dated 12 th February, 2026 .
16. The subject, LWN , is hereby declared incapable of managing her affairs, and the Applicants NNW, AGW and CWW are hereby appointed as legal guardians of the subject LWN .
17. The guardians should inform the Court once the Subject’s health has improved and she is capable of handling her affairs.
18. The guardians shall file semi-annual reports indicating the medical status of the subject and accounts of how any monies accessed have been applied for the benefit of the subject.
19. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 4th day of MARCH, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E058 OF 2026 JUDGMENT2