RULING
1. The applicant, Mary Wanjiru Kumuru, filed an application dated 26.03.2026. She sought the following orders:
a. THAT, the application was filed for leave to be certified as urgent, and service be dispensed with in the first instance.
b. THAT, this honourable court be pleased to grant to leave to appeal to the Court of Appeal the Ruling delivered by Hon. Justice Kizito Magare on 19th March, 2026.
c. THAT, this honourable court be pleased to stay the ruling and subsequent orders pending the hearing and determination of the intended appeal.
d. THAT, costs for this application be in the cause.
2. The same was based on the following grounds:
a. THAT, the Applicant intends to appeal to the Court of Appeal the ruling delivered by this Honourable Court on 19th March, 2026.
b. THAT, the ruling was interlocutory in nature; therefore, leave to appeal is required.
c. THAT, this application is brought timely and in good faith.
3. The ruling that the court made was to the effect that:
a) A declaration is hereby made that the subject is a patient and a person suffering from a mental disorder within the meaning of Section 2 of the Mental Health Act, Cap 248, Laws of Kenya.
b) An order is hereby issued that Naomi Wanjiku King’ori, Identification Number 42xxxxx36, and Ephantus Waweru King’ori, Identification Number 37xxxx36, have full custody and management over Charles Kingori Muchemi and his estate as provided under Sections 26, 27, and 28 of the Mental Health Act Cap. 248 Laws of Kenya.
c) An order is hereby issued that Naomi Wanjiku King’ori, Identification Number 42xxxxx36, and Ephantus Waweru King’ori, Identification Number 37xxxx36, while acting as Guardians and Managers over the subject herein and his estate, shall exercise and are granted special powers as may become necessary to sue and/or defend a suit for and against the estate of the Subject herein.
d) Nevertheless, whereas Naomi Wanjiku King’ori, Identification Number 42xxxxx36, and Ephantus Waweru King’ori, Identification Number 37xxxx36, the Guardians and Managers, have a right to deal with Land Parcel Land Parcel Number Nyeri/Lusoi/4287, they shall not sell or alienate the parcel without a Court order before any transaction is carried out. Any disposal shall be null and void.
e) The Land Registrar, Nyeri County, shall place an inhibition on Land Parcel Number Nyeri/Lusoi/4287.
f) No order as to costs.
g) The file is closed.
4. The applicant is not the subject of the case herein. The court is functus officio in relation to the determination of the question whether the subject is a patient and a person suffering from a mental disorder. Having made that determination, none of the orders affect the applicant. Her claim over land is a subject matter of different proceedings. This is crucial by the admission that the purchase price was retained by two persons, that is:
a. A sum of Ksh. 105,000=/= was paid out to James Kinyua Muchemi for no services rendered.
b. A sum of Ksh 70,000/= was retained by Ms. Mwikali Ruka, the advocate.
c. A sum of Ksh 1,000/= was for lunch consumed by the persons involved in the sale transaction.
5. There is no loss suffered by the applicant. The purchaser knows where to collect her money. Leave to appeal is therefore declined. the file is closed.
DELIVERED, DATED and SIGNED at NYERI, via CTS on this 27TH day of MARCH, 2026. Ruling delivered extempore.
1. The applicant, Mary Wanjiru Kumuru, filed an application dated 26.03.2026. She sought the following orders:
a. THAT, the application was filed for leave to be certified as urgent, and service be dispensed with in the first instance.
b. THAT, this honourable court be pleased to grant to leave to appeal to the Court of Appeal the Ruling delivered by Hon. Justice Kizito Magare on 19th March, 2026.
c. THAT, this honourable court be pleased to stay the ruling and subsequent orders pending the hearing and determination of the intended appeal.
d. THAT, costs for this application be in the cause.
2. The same was based on the following grounds:
a. THAT, the Applicant intends to appeal to the Court of Appeal the ruling delivered by this Honourable Court on 19th March, 2026.
b. THAT, the ruling was interlocutory in nature; therefore, leave to appeal is required.
c. THAT, this application is brought timely and in good faith.
3. The ruling that the court made was to the effect that:
a) A declaration is hereby made that the subject is a patient and a person suffering from a mental disorder within the meaning of Section 2 of the Mental Health Act, Cap 248, Laws of Kenya.
b) An order is hereby issued that Naomi Wanjiku King’ori, Identification Number 42xxxxx36, and Ephantus Waweru King’ori, Identification Number 37xxxx36, have full custody and management over Charles Kingori Muchemi and his estate as provided under Sections 26, 27, and 28 of the Mental Health Act Cap. 248 Laws of Kenya.
c) An order is hereby issued that Naomi Wanjiku King’ori, Identification Number 42xxxxx36, and Ephantus Waweru King’ori, Identification Number 37xxxx36, while acting as Guardians and Managers over the subject herein and his estate, shall exercise and are granted special powers as may become necessary to sue and/or defend a suit for and against the estate of the Subject herein.
d) Nevertheless, whereas Naomi Wanjiku King’ori, Identification Number 42xxxxx36, and Ephantus Waweru King’ori, Identification Number 37xxxx36, the Guardians and Managers, have a right to deal with Land Parcel Land Parcel Number Nyeri/Lusoi/4287, they shall not sell or alienate the parcel without a Court order before any transaction is carried out. Any disposal shall be null and void.
e) The Land Registrar, Nyeri County, shall place an inhibition on Land Parcel Number Nyeri/Lusoi/4287.
f) No order as to costs.
g) The file is closed.
4. The applicant is not the subject of the case herein. The court is functus officio in relation to the determination of the question whether the subject is a patient and a person suffering from a mental disorder. Having made that determination, none of the orders affect the applicant. Her claim over land is a subject matter of different proceedings. This is crucial by the admission that the purchase price was retained by two persons, that is:
a. A sum of Ksh. 105,000=/= was paid out to James Kinyua Muchemi for no services rendered.
b. A sum of Ksh 70,000/= was retained by Ms. Mwikali Ruka, the advocate.
c. A sum of Ksh 1,000/= was for lunch consumed by the persons involved in the sale transaction.
5. There is no loss suffered by the applicant. The purchaser knows where to collect her money. Leave to appeal is therefore declined. the file is closed.
DELIVERED, DATED and SIGNED at NYERI, via CTS on this 27TH day of MARCH, 2026. Ruling delivered extempore.