High Court 1361 of 2026

e. The Honourable Court make such other and further as the Court may deem fit and equitable to grant. 2. The Application was supported by a Supporting Affidavit sworn by GN the Petitioner herein made on 12th October, 2023 in which she deponed that she was the spouse of the subject, this was verified by the Certificate of Marriage No.43xxx5. 3. She further deposes that she had the authority and express consent of the subjects sibling to file the Petition; and that she was competent to make the affidavit; 4. The subject was aged 55 years and he was born mentally challenged since birth and will not recover to take care of himself and or make independent decisions; and was fully dependent on the spouse. The Petitioner urged the court to adjudge the subject as a person suffering from a mental disorder and to appoint her as the legal guardian and to execute all court papers necessary for the filing of any litigation on behalf of and geared towards preservation protection and realization of the subject’s estate or any of his assets and as a manager over the subject for the better management of the subjects’ affairs. 5. At the hearing of the Petition Doctor Muchunu Gachau a medical doctor working at the Kiambu Level 5 Hospital as a general practitioner testified on behalf of the Medical Superintendent who examined the subject on the subjects mental stability and incapacity; he produced the subjects Mental Assessment Report and it was marked as PExh.2 in support of his evidence; 6. The Application was unopposed Issues for Determination 7. Having perused the Petition, the application and upon hearing the medical expert evidence this court finds that the only issue framed for determination is whether the orders sought are merited. Analysis 8. The issue relating to custody, management and guardianship is provided under Section 26 of the Mental Health Act Cap 248 which provides: “ (1) The court may make orders: a. For the management of the estate of any person suffering from mental disorder, and b. For the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person c. Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person. d. Where upon inquiries it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think just for the management of the estate of such person, including proper provision for his https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1361/eng@2026-02-06 2

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maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder.” 9. The Doctor has produced medical expert evidence that confirmed the subject was suffering from a congenital condition characterized by severe intellectual disability and was a full time dependant and needed a guardian to look after him as he was unable to take care of his affairs. 10. Upon observing the subject at the hearing hereof, it is evident the subject was not able to express himself and that he not able to comprehend or respond to simple greetings and instructions; going by the doctors evidence the subjects current condition the subject is unable to make any rational decision and needs assistance. 11. This Court is satisfied that granting the Petitioner the orders sought would be in the best interest of the subject whom this court finds to be a full time dependant person who requires to be managed; this court is also satisfied that this is a suitable case for the issuance of the orders sought as the subject is found to be a person who needed his affairs to be managed and was in need of medical and personal care. Findings and Determination 12. For the foregoing reasons this court makes the following findings and determinations:i. The Petition is found to have merit and it is hereby allowed. ii. The subject herein PNK is hereby adjudged to be a person suffering from a mental disorder pursuant to Section 26 of the Mental Health Act; iii. This Court hereby appoints Petitioner NWT to be the legal guardian and manager of the subject PNK. iv. This Order shall manage but not distribute his estate without the consent of the Court; v. The Petitioner shall in particular do the following:- vi. a. institute any suit on behalf of the estate of PNK as guardian and to execute all court papers necessary for the filing of any litigation on behalf of and geared towards preservation protection and realization of the estate of any of its assets b. Execute and sign documents on behalf of the Subject with respect to the subjects’ estate. c. Receive monies and proceeds from the subjects estate. d. Utilize these proceeds to cater for the subject’s health care, medical expenses and maintenance; e. To render to family members regular yearly accounts on the monies received from the estate of the subject. This being a family matter there shall be no order as to costs. Orders accordingly. DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 6TH DAY OF FEBRUARY, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1361/eng@2026-02-06 3

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A. MSHILA JUDGE In the presence of:Sanja – Court Assistant Tibira – for the Petitioner https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1361/eng@2026-02-06 4

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