In re Estate of JNJK (Subject) (Family Miscellaneous Application E006 of 2025) [2025] KEHC 17066 (KLR) (Family) (20 November 2025) (Ruling) Neutral citation: [2025] KEHC 17066 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYANDARUA FAMILY FAMILY MISCELLANEOUS APPLICATION E006 OF 2025 KW KIARIE, J NOVEMBER 20, 2025 IN THE MATTER OF APPOINTMENT OF NEXT AS FRIEND, GUARDIAN AND MANAGER OF THE AFFAIRS OF THE ESTATE OF JNJK IN THE MATTER OF SNK ............................................................................................................ APPLICANT RULING 1. 2. SNK, the applicant, is the son of JNJK. He brought an application by way of a Notice of motion dated 4th June, 2025. The application is made under section 26(1) of the Mental Health Act, cap 248, Laws of Kenya; order 32, rules 1 to 15; and order 51, rule 1 of the Civil Procedure Rules. He is seeking to be appointed as the manager of JNJK’s affairs. The application is premised on the following grounds: a. The applicant is the only son of JNJK (hereinafter referred to as the subject). b. The biological mother of the applicant (the subject herein) is 87 years of age and suffering from a mental disorder. c. The said disease of the mind has rendered her incapable of managing her affairs, thus this application. Section 26(1) of the Mental Health Act, cap 248, Laws of Kenya provides as follows: 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17066/eng@2025-11-20 1
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(b) 3. the representative of the person where the person with mental illness has not appointed a supporter. This part of the requirement has been complied with. I have found that subsection two has not been complied with. The subsection provides as follows: 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. 4. The applicant did not provide the full details regarding the property JNJK, nor did he furnish a certified true copy of her admission or treatment. 5. Due to the noncompliance, the order sought cannot be issued. DELIVERED AND SIGNED AT NYANDARUA, THIS 20TH DAY OF NOVEMBER, 2025. KIARIE WAWERU KIARIE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17066/eng@2025-11-20 2
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