1. The Petitioners filed a Petition dated 25 th March, 2026 in respect of the Subject herein who is currently admitted in Kenyatta National Hospital, Nairobi.
2. At the hearing of the application, the Petitioners notified the Court that the Subject was hospitalized and hence emphasized the urgency of the application.
3. The Petitioners expressed that their intention in seeking guardianship is to act in the subject’s best interests.
4. They informed the Court that they have reason to believe that the bank accounts they are seeking to access hold funds that can be used to meet the Subject’s medical costs.
5. Treatment notes from Kenyatta National Hospital were placed before the Court and duly received as evidence. The documents confirm that the Subject was admitted and is in hospital receiving treatment. The documents also show that he is in a state of altered consciousness and requires assistance.
6. The Subject was presented before the Court via the Teams Platform. He exhibited signs of being unwell. He was in the hospital and accompanied by an advocate who facilitated the call.
7. Dr. F. Wangai, a medical physician, testified and confirmed that the subject has been under his care, is on life support, and is in critical condition.
Issues:
8. The Court has considered the application and the evidence on record. The issue for determination before this Court are as follows:
i. Whether the Petitioners should be appointed guardians and managers of the estate of the subject as prayed.
Analysis:
9. The Petitioners seek to be appointed as guardians and managers of the affairs and estate as owing to his condition, he can no longer manage his affairs and those of his estate.
10. The Court has noted the evidence and medical documentation presented in the Petition and observed the subject during the examination in Court. The Court is satisfied on the evidence presented that the subject is unable to manage his affairs and those of his estate.
11. The Petitioners emphasized that the matter was urgent, noting that funds were urgently needed for the ongoing treatment.
12. 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.”
13. The Court is satisfied of the close relation of the Petitioners to the subject as her daughter and brothers respectively, and that the prayers sought in this application are deserved and should be granted.
Orders:
14. Accordingly, for the reasons set out above, the application dated 09 th April, 2026 is allowed in the following terms;
a. John Mbugua Otsyula is declared as a person suffering from mental incapacity, rendering him incapable of managing his affairs.
b. The Court appoints the Petitioners, Sylvia Abinya Mbugua, David Waweru Githinji & Jacob Muyodie Otsyula as the guardians and managers in respect of John Mbugua Otsyula and grants them custody, care, and management of the subject and his estate.
c. As managers of the estate of the Subject, they have powers to run his affairs, including but not limited to operating his bank accounts and his investment portfolios, as well as executing legally binding instruments on his behalf.
d. As managers, they are authorized to access, operate and manage all bank accounts held by the Subject with National Bank of Kenya, including the authority to deposit and withdraw funds, sign mandates, obtain bank statements, and give all necessary instructions to the bank, and to utilize the funds therein solely for purposes of meeting the Subject’s medical expenses, maintenance and general welfare.
e. As managers, they are authorized to collect, receive and manage all rental income accruing from the Subject’s properties, and to utilize the same solely for purposes of meeting the Subject’s medical expenses, maintenance and general welfare, and for the preservation and upkeep of the said properties.
f. As managers, they are authorized to access, operate and manage the Subject’s Central Depository System (CDS) account, including the authority to receive dividends, sell, transfer and/or otherwise deal with any shares, stocks or securities held therein, and to utilize the proceeds thereof solely for purposes of meeting the Subject’s medical expenses, maintenance and general welfare.
g. As managers, they are authorized to access, operate and manage the Subject’s mobile telephone line registered with Safaricom PLC and the associated M-pesa account, including the authority to receive, withdraw and utilize any funds therein solely for purposes of meeting the Subject’s medical expenses, maintenance and welfare.
h. As managers, they are authorized to access and transact on the Subject’s account and records held with the National Transport and Safety Authority (NTSA), including the authority to sell, transfer and/or otherwise dispose of any motor vehicle registered in his name, and to apply the proceeds thereof solely towards the Subject’s treatment, upkeep and benefit.
i. All funds or assets due to his estate shall be used solely for the benefit of the Subject.
j. Apart from the motor vehicle and the shares, the managers shall not sell any other asset of the Subject without prior approval from the Court.
k. The Petitioners shall render semi-annually an account of dealings therewith to the Court, being a full and accurate account of the dealings with the estate of the subject herein for further orders, as may be appropriate.
l. That the costs of this application be borne by the estate of the Subject (JMO).
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 14 TH day of APRIL, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E113 OF 2026 RULING2
2. At the hearing of the application, the Petitioners notified the Court that the Subject was hospitalized and hence emphasized the urgency of the application.
3. The Petitioners expressed that their intention in seeking guardianship is to act in the subject’s best interests.
4. They informed the Court that they have reason to believe that the bank accounts they are seeking to access hold funds that can be used to meet the Subject’s medical costs.
5. Treatment notes from Kenyatta National Hospital were placed before the Court and duly received as evidence. The documents confirm that the Subject was admitted and is in hospital receiving treatment. The documents also show that he is in a state of altered consciousness and requires assistance.
6. The Subject was presented before the Court via the Teams Platform. He exhibited signs of being unwell. He was in the hospital and accompanied by an advocate who facilitated the call.
7. Dr. F. Wangai, a medical physician, testified and confirmed that the subject has been under his care, is on life support, and is in critical condition.
Issues:
8. The Court has considered the application and the evidence on record. The issue for determination before this Court are as follows:
i. Whether the Petitioners should be appointed guardians and managers of the estate of the subject as prayed.
Analysis:
9. The Petitioners seek to be appointed as guardians and managers of the affairs and estate as owing to his condition, he can no longer manage his affairs and those of his estate.
10. The Court has noted the evidence and medical documentation presented in the Petition and observed the subject during the examination in Court. The Court is satisfied on the evidence presented that the subject is unable to manage his affairs and those of his estate.
11. The Petitioners emphasized that the matter was urgent, noting that funds were urgently needed for the ongoing treatment.
12. 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.”
13. The Court is satisfied of the close relation of the Petitioners to the subject as her daughter and brothers respectively, and that the prayers sought in this application are deserved and should be granted.
Orders:
14. Accordingly, for the reasons set out above, the application dated 09 th April, 2026 is allowed in the following terms;
a. John Mbugua Otsyula is declared as a person suffering from mental incapacity, rendering him incapable of managing his affairs.
b. The Court appoints the Petitioners, Sylvia Abinya Mbugua, David Waweru Githinji & Jacob Muyodie Otsyula as the guardians and managers in respect of John Mbugua Otsyula and grants them custody, care, and management of the subject and his estate.
c. As managers of the estate of the Subject, they have powers to run his affairs, including but not limited to operating his bank accounts and his investment portfolios, as well as executing legally binding instruments on his behalf.
d. As managers, they are authorized to access, operate and manage all bank accounts held by the Subject with National Bank of Kenya, including the authority to deposit and withdraw funds, sign mandates, obtain bank statements, and give all necessary instructions to the bank, and to utilize the funds therein solely for purposes of meeting the Subject’s medical expenses, maintenance and general welfare.
e. As managers, they are authorized to collect, receive and manage all rental income accruing from the Subject’s properties, and to utilize the same solely for purposes of meeting the Subject’s medical expenses, maintenance and general welfare, and for the preservation and upkeep of the said properties.
f. As managers, they are authorized to access, operate and manage the Subject’s Central Depository System (CDS) account, including the authority to receive dividends, sell, transfer and/or otherwise deal with any shares, stocks or securities held therein, and to utilize the proceeds thereof solely for purposes of meeting the Subject’s medical expenses, maintenance and general welfare.
g. As managers, they are authorized to access, operate and manage the Subject’s mobile telephone line registered with Safaricom PLC and the associated M-pesa account, including the authority to receive, withdraw and utilize any funds therein solely for purposes of meeting the Subject’s medical expenses, maintenance and welfare.
h. As managers, they are authorized to access and transact on the Subject’s account and records held with the National Transport and Safety Authority (NTSA), including the authority to sell, transfer and/or otherwise dispose of any motor vehicle registered in his name, and to apply the proceeds thereof solely towards the Subject’s treatment, upkeep and benefit.
i. All funds or assets due to his estate shall be used solely for the benefit of the Subject.
j. Apart from the motor vehicle and the shares, the managers shall not sell any other asset of the Subject without prior approval from the Court.
k. The Petitioners shall render semi-annually an account of dealings therewith to the Court, being a full and accurate account of the dealings with the estate of the subject herein for further orders, as may be appropriate.
l. That the costs of this application be borne by the estate of the Subject (JMO).
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 14 TH day of APRIL, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
MISC. CASE E113 OF 2026 RULING2