IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA
IN THE MATTER OF JMK (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. RWM filed an application dated 13 th October, 2025 seeking the following orders:
a) Spent;
b) That this court declares JMK as a person suffering from a mental illness and incapable of managing her affairs;
c) THAT the Applicant be appointed as the Legal Guardian of her husband JMK;
d) THAT the Applicant be appointed to manage the Subject’s estate including any such description of moveable or immoveable property, money, debts, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property with the sole intention of safeguarding the said property, assets and business affairs;
e) THAT the court does appoint the Petitioner to manage the Subject’s bank accounts held at National Bank of Kenya Ltd, Harambee Avenue Branch, Account Numbers 770****218 and 0102****500;
f) THAT there be liberty to apply.
2. At the hearing, the Applicant informed the Court that she is the wife of JMK. She was in Court (Online) together with the Subject, accompanied by the nurse aid who was attending to the Subject. She stated that her children live far away and that she is currently the only caregiver for her husband.
3. The Applicant testified that the Subject has been unwell, suffering from dementia and that his condition had deteriorated, necessitating admission at Polka Dots Wellness and Retreat Centre for Dementia. The Subject has also been undergoing psychiatric treatment and counselling therapy at Aga Khan University Hospital, among other facilities.
4. She expressed that her intention to seek guardianship is to be his guardian while also protecting her husband’s estate.
5. The medical report from Thika Level 5 Hospital, Government County of Kiambu, dated 22nd May, 2025 gave a medical history of mood changes, mood swings and restlessness. He had persistent anxiety and excessive fear, forgetfulness, poor memory and inability to remember most things. The medical doctor who prepared the report concluded that the Subject is suffering from Alzheimers dementia and Co-Morbid Fronto-Temporal atrophy. The reports show that he is not in a proper state to handle his 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 Applicant 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. He was at home, appeared visibly unwell, and was in the Petitioner’s company. The doctor was also present via the online platform and he produced the medical report.
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 his own affairs.
Whether the Applicant 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 marriage certificate states that the Applicant is the Subject’s wife. Additionally, the letter from the Chief verifies that the details regarding the Subject’s illness are accurate and confirms that she is the sole primary caregiver, as indicated.
12. The Applicant also submitted documentation regarding a property dispute, stating she needed to intervene because the property belongs to the subject and is at risk of interference and waste.
13. The Applicant has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing his affairs, thereby exposing his estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
14. Accordingly, for the reasons set out above, the Petition dated 13 th April, 2026 is allowed in the following terms;
a. The Subject JMK is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Applicant, Rose Wambui Mahira, as the guardian and manager in respect of JMK and grants her custody, care, and management of the Subject and his estate.
c. As the Manager of the estate of the Subject, she is authorized to run his affairs, manage his bank accounts and other assets, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her 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 application and any incidental costs shall be paid from the Subject’s Estate.
15. Orders accordingly.
DATED and SIGNED at NAIROBI on this 17TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E143 OF 2026 JUDGMENT2
IN THE MATTER OF JMK (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. RWM filed an application dated 13 th October, 2025 seeking the following orders:
a) Spent;
b) That this court declares JMK as a person suffering from a mental illness and incapable of managing her affairs;
c) THAT the Applicant be appointed as the Legal Guardian of her husband JMK;
d) THAT the Applicant be appointed to manage the Subject’s estate including any such description of moveable or immoveable property, money, debts, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property with the sole intention of safeguarding the said property, assets and business affairs;
e) THAT the court does appoint the Petitioner to manage the Subject’s bank accounts held at National Bank of Kenya Ltd, Harambee Avenue Branch, Account Numbers 770****218 and 0102****500;
f) THAT there be liberty to apply.
2. At the hearing, the Applicant informed the Court that she is the wife of JMK. She was in Court (Online) together with the Subject, accompanied by the nurse aid who was attending to the Subject. She stated that her children live far away and that she is currently the only caregiver for her husband.
3. The Applicant testified that the Subject has been unwell, suffering from dementia and that his condition had deteriorated, necessitating admission at Polka Dots Wellness and Retreat Centre for Dementia. The Subject has also been undergoing psychiatric treatment and counselling therapy at Aga Khan University Hospital, among other facilities.
4. She expressed that her intention to seek guardianship is to be his guardian while also protecting her husband’s estate.
5. The medical report from Thika Level 5 Hospital, Government County of Kiambu, dated 22nd May, 2025 gave a medical history of mood changes, mood swings and restlessness. He had persistent anxiety and excessive fear, forgetfulness, poor memory and inability to remember most things. The medical doctor who prepared the report concluded that the Subject is suffering from Alzheimers dementia and Co-Morbid Fronto-Temporal atrophy. The reports show that he is not in a proper state to handle his 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 Applicant 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. He was at home, appeared visibly unwell, and was in the Petitioner’s company. The doctor was also present via the online platform and he produced the medical report.
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 his own affairs.
Whether the Applicant 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 marriage certificate states that the Applicant is the Subject’s wife. Additionally, the letter from the Chief verifies that the details regarding the Subject’s illness are accurate and confirms that she is the sole primary caregiver, as indicated.
12. The Applicant also submitted documentation regarding a property dispute, stating she needed to intervene because the property belongs to the subject and is at risk of interference and waste.
13. The Applicant has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing his affairs, thereby exposing his estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval.
Orders:
14. Accordingly, for the reasons set out above, the Petition dated 13 th April, 2026 is allowed in the following terms;
a. The Subject JMK is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Applicant, Rose Wambui Mahira, as the guardian and manager in respect of JMK and grants her custody, care, and management of the Subject and his estate.
c. As the Manager of the estate of the Subject, she is authorized to run his affairs, manage his bank accounts and other assets, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her 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 application and any incidental costs shall be paid from the Subject’s Estate.
15. Orders accordingly.
DATED and SIGNED at NAIROBI on this 17TH day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E143 OF 2026 JUDGMENT2