In re Application for Guardianship of ABC (Miscellaneous Application E413 of 2025) [2026] KEHC 591 (KLR) (Civ) (29 January 2026) (Ruling) Neutral citation: [2026] KEHC 591 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS APPLICATION E413 OF 2025 HK CHEMITEI, J JANUARY 29, 2026 IN THE MATTER OF ABC (WARD) AND IN THE MATTER OF AN APPLICATION BY JEH (NEE C) TO BE APPOINTED AS GUARDIAN OVER THE AFFAIRS, AND MANAGER OF THE ESTATE, OF ABC AND IN THE MATTER OF GUARDIANSHIP OF SUBJECT – ABC IN THE MATTER OF JEH (NEE C) .............................................................................................. APPLICANT RULING 1. 2. In her petition dated 11th December 2025 the Applicant seeks the following reliefs:(a) That the Petitioner be appointed as the guardian of ABC and the manager of ABC's estate. (b) That the court do grant temporary guardianship over ABC to the Petitioner JEH specifically to control, approve or decline (as the case may be) any and all physical access to the said ABC and or any property registered in his name whether movable or immovable located within the Republic of Kenya (c) That the orders herein allowed be served upon all occupants of property registered to ABC. (d) Any other orders of the court. The petition is accompanied by the affidavit in support dated the same date sworn by the Applicant JEH who claims to be the ward’s nice. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/591/eng@2026-01-29 1
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3. She deponed that the ward was suffering from dementia and was under 24-hour care under her and was receiving treatment from one Dr. Linda Thorpe. The affidavit contains the said doctor’s report dated 10th December 2025. 4. The court on 21st January 2026 when the matter came up for hearing was able albeit on online platform able to see and interview both the Applicant, the doctor and one DC the wards relative. The court also saw the ward and his status. 5. In view of the supporting documentations herein and the interview orally made by the court on the hearing date cited above I do find the petition merited. The Applicant must however comply strictly with the provisions of the Mental health Act cap 248. 6. The petition is allowed as prayed with no orders as to costs. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 29TH DAY OF JANUARY, 2026. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/591/eng@2026-01-29 2
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