RULING
Ruling
i. This court has been moved by Sarah Mutama by way of a Notice of Motion dated 26.1.2026 and by Sarah Mutama and Agnes Owano Mutama by way of a Chamber Summons of even date for the following orders :-
1. Certification of this application as urgent ( In the chamber summons) and in the motion for:-
2. Pending the hearing and determination of this application, SARAH MUTAMA, ID No. 22310735, be and is hereby appointed as interim guardian and manager of the estate and affairs of PETER MUTAMA, ID No. 0996529.
3. Pending the hearing and determination of this application, the Applicant be and is hereby authorised to access, operate, and withdraw funds from the following bank account solely for purposes of medical treatment, dialysis, medication, and basic subsistence of the subject: Bank: ABSA Bank Kenya PLC Branch: Bungoma Account Name: Peter Mutama Account Number: 4531770007653072 .
4. Upon hearing, this Honourable Court be pleased to confirm the appointment of SARAH MUTAMA as guardian and manager of the estate of PETER MUTAMA for purposes of managing his finances and meeting his medical expenses.
5. The appointed guardian/manager be authorised to deal with banks, hospitals, insurers, government agencies and other relevant institutions to the extent strictly necessary for the treatment, care, and preservation of the estate of PETER MUTAMA.
6. This Honourable Court be pleased to issue such further or consequential orders as may meet the ends of justice.
ii. The Notice of Motion is supported by affidavits of Sarah Mutama and Agnes Owano Mutama sworn on 26.1.2026. The gist of the application is that the subject is due to end-stage renal failure not physically and medically capable of signing any documents or undertaking any transactions with any financial institution, yet he needs funds to meet his medical and other expenses. Further that Messrs Absa Bank Kenya PLC Bungoma Branch where the subject holds an account Number 4531770007653072, has declined to honour a power of Attorney executed by the subject wherein he is said to have appointed Sarah Mutama as his attorney. The applicant thus craves the orders cited above under the Mental Health Act Chapter 248 of the Laws of Kenya. (Hereinafter referred to as the Act)
iii. A person with Mental illness is defined under Section 2 of the Act as follows ;-
” 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.
iv. Section 26 of the Act outlines the requirements that an affidavit in support of any application for an appointment as a manager must comply with and who is eligible to apply for administration of the estate of ta subject, thus ;-
26. Application for administration
(1) An application for an order for the management and administration of the estate of a person with mental illness may be made to the court, in the following order of priority, by—
(a) a supporter of the person with mental illness; or
(b) the representative of the person where the person with mental illness has not appointed a supporter.
(2) An application under subsection (1) shall be submitted together with an affidavit setting out—
(a) the grounds upon which the application is made.
(b) the full particulars as to the property and relatives of the person to whom it relates; and
(c) a certified true copy of the admission or treatment and particulars in respect of person duly admitted as a person with mental illness.
v. The applicant had enclosed treatment notes dated 20.1.2026 authored by one Dr Mohamed of Elgon view Hospital. The same disclose that the subject has end stage renal failure, is hypertensive, diabetic grade iii and has stroke (cerebrovascular accident (CVA) ischemic). He is said not to be in distress and is in fair general condition and clinically afebrile (free from fever).
vi. The full names and the academic qualifications of Dr Mohamed have not been disclosed. The said treatment notes do not in any event disclose a mental illness as defined under section 2 of the Act but rather elucidates that the subject is actually suffering from multiple medical conditions that have not been diagnosed as mental illness by any qualified mental health practitioner.
vii. Premised upon the reasons aforestated I do find that the application herein is misconceived and is devoid of merit wherefore I dismiss it with no orders as to costs.
viii. This file is hereby marked as closed.
Delivered, Signed and Dated at Bungoma this 27th day of January 2026.
M. S. Shariff
Judge
Ruling
i. This court has been moved by Sarah Mutama by way of a Notice of Motion dated 26.1.2026 and by Sarah Mutama and Agnes Owano Mutama by way of a Chamber Summons of even date for the following orders :-
1. Certification of this application as urgent ( In the chamber summons) and in the motion for:-
2. Pending the hearing and determination of this application, SARAH MUTAMA, ID No. 22310735, be and is hereby appointed as interim guardian and manager of the estate and affairs of PETER MUTAMA, ID No. 0996529.
3. Pending the hearing and determination of this application, the Applicant be and is hereby authorised to access, operate, and withdraw funds from the following bank account solely for purposes of medical treatment, dialysis, medication, and basic subsistence of the subject: Bank: ABSA Bank Kenya PLC Branch: Bungoma Account Name: Peter Mutama Account Number: 4531770007653072 .
4. Upon hearing, this Honourable Court be pleased to confirm the appointment of SARAH MUTAMA as guardian and manager of the estate of PETER MUTAMA for purposes of managing his finances and meeting his medical expenses.
5. The appointed guardian/manager be authorised to deal with banks, hospitals, insurers, government agencies and other relevant institutions to the extent strictly necessary for the treatment, care, and preservation of the estate of PETER MUTAMA.
6. This Honourable Court be pleased to issue such further or consequential orders as may meet the ends of justice.
ii. The Notice of Motion is supported by affidavits of Sarah Mutama and Agnes Owano Mutama sworn on 26.1.2026. The gist of the application is that the subject is due to end-stage renal failure not physically and medically capable of signing any documents or undertaking any transactions with any financial institution, yet he needs funds to meet his medical and other expenses. Further that Messrs Absa Bank Kenya PLC Bungoma Branch where the subject holds an account Number 4531770007653072, has declined to honour a power of Attorney executed by the subject wherein he is said to have appointed Sarah Mutama as his attorney. The applicant thus craves the orders cited above under the Mental Health Act Chapter 248 of the Laws of Kenya. (Hereinafter referred to as the Act)
iii. A person with Mental illness is defined under Section 2 of the Act as follows ;-
” 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.
iv. Section 26 of the Act outlines the requirements that an affidavit in support of any application for an appointment as a manager must comply with and who is eligible to apply for administration of the estate of ta subject, thus ;-
26. Application for administration
(1) An application for an order for the management and administration of the estate of a person with mental illness may be made to the court, in the following order of priority, by—
(a) a supporter of the person with mental illness; or
(b) the representative of the person where the person with mental illness has not appointed a supporter.
(2) An application under subsection (1) shall be submitted together with an affidavit setting out—
(a) the grounds upon which the application is made.
(b) the full particulars as to the property and relatives of the person to whom it relates; and
(c) a certified true copy of the admission or treatment and particulars in respect of person duly admitted as a person with mental illness.
v. The applicant had enclosed treatment notes dated 20.1.2026 authored by one Dr Mohamed of Elgon view Hospital. The same disclose that the subject has end stage renal failure, is hypertensive, diabetic grade iii and has stroke (cerebrovascular accident (CVA) ischemic). He is said not to be in distress and is in fair general condition and clinically afebrile (free from fever).
vi. The full names and the academic qualifications of Dr Mohamed have not been disclosed. The said treatment notes do not in any event disclose a mental illness as defined under section 2 of the Act but rather elucidates that the subject is actually suffering from multiple medical conditions that have not been diagnosed as mental illness by any qualified mental health practitioner.
vii. Premised upon the reasons aforestated I do find that the application herein is misconceived and is devoid of merit wherefore I dismiss it with no orders as to costs.
viii. This file is hereby marked as closed.
Delivered, Signed and Dated at Bungoma this 27th day of January 2026.
M. S. Shariff
Judge