In re SMM (Subject) (Miscellaneous Application E024 of 2025) [2025] KEHC 18725 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEHC 18725 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI MISCELLANEOUS APPLICATION E024 OF 2025 DKN MAGARE, J DECEMBER 19, 2025 IN THE MATTER OF SMM, AN ELDERLY PERSON SUFFERING FROM A MENTAL INCAPACITY AND IN THE MATTER OF AN APPLICATION BY LWG TO BE APPOINTED GUARDIAN AND ESTATE MANAGER OVER THE AFFAIRS AND ESTATE OF SMM AND IN THE MATTER OF GUARDIANSHIP OF SUBJECT – SMM IN THE MATTER OF AWG ..................................................................................................... 1ST APPLICANT LWG ..................................................................................................... 2ND APPLICANT EWG ..................................................................................................... 3RD APPLICANT RULING 1. The applicants sought the following orders that: a. SMM is hereby declared legally incapacitated to undertake running and management of his affairs, generally by virtue of his medically proven physical and mental incapacitation. b. AWG, LWG, EWG, be and are hereby authorised to operate bank account number 004xxxxxxx953 at equity bank Plc in the name of SMM in order to finance his care as per family deliberations. c. The orders be subject to review in the event of change of the current conditions of SMM. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18725/eng@2025-12-19 1
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d. That upon granting prayer (b) above, this Honourable Court do issue such further orders as may be necessary for expeditious disposal of the matter. e. That the costs of this application be on cause. 2. The Applicants state that the subject is the holder of the aforesaid bank account. SMM has become incapacitated. SMM has been in that state for 5 years and is unable to run his affairs. The chief of Mutathiini location wrote a letter dated 18.08.2025, setting out the situation SMM is in. The court had the advantage of seeing him in hospital virtually. The situation was not edifying. 3. The medical superintendent, Karatina Sub-County Hospital, wrote a card stating that the applicant has a mental condition named in the card. After reviewing the evidence, it is clear that the application is merited. Determination 4. I am satisfied that the subject cannot manage his own affairs. I therefore allow the application as follows: a. A declaration be and is hereby issued to the effect that SMM is a patient and a person suffering from 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 the applicants, AWG, LWG, EWG, have full custody and management over SMM and his estate as provided under Sections 26, 27, and 28 of the Mental Health Act Cap, 248 Laws of Kenya. c. AWG, LWG, and EWG are hereby authorised to operate bank account number 004xxxxxxx953 at Equity Bank Plc in the name of SMM in order to finance his care. d. An order is hereby issued that AWG, LWG, EWG 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. e. Nevertheless, whereas the Guardians and Managers have a right to collect the funds from the aforesaid account number, sparingly, they shall not sell or alienate any part of the estate of SMM, the subject, without a court order issued before any transaction is carried out. Any disposal shall be null and void. f. No order as to costs. g. File is closed. DELIVERED, DATED AND SIGNED AT NYERI ON THIS 19TH DAY OF DECEMBER, 2025. JUDGMENT IS DELIVERED THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM. KIZITO MAGARE JUDGE In the presence of: Ms Ngugi for Kahiga for the Applicants Court Assistant – Michael https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18725/eng@2025-12-19 2
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