In re JMM (Miscellaneous Application E411 of 2025) [2026] KEHC 1409 (KLR) (Family) (12 February 2026) (Judgment) Neutral citation: [2026] KEHC 1409 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY MISCELLANEOUS APPLICATION E411 OF 2025 EKO OGOLA, J FEBRUARY 12, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 LAWS OF KENYA AND IN THE MATTER OF A PETITION FOR ORDERS OF GUARDIANSHIP OF JOYCE MUKIRI M’ITWERANDU (A PERSON SUFFERING FROM A MENTAL DISORDER) IN THE MATTER OF MMM ........................................................................................................ PETITIONER JUDGMENT 1. The petitioner is the only son of JMM (hereinafter “the patient”). He states that on 11th August 2025, the patient was diagnosed with dementia by Dr. Harish Nagaraj of Nairobi West Hospital. It is deposed that the condition is progressive in nature and adversely affects memory, judgment, and the capacity to manage one’s affairs. Consequently, the patient requires constant care and assistance in attending to her daily routine and meeting her expenses. Owing to the illness, the patient is said to be forgetful, confused, and incapable of making sound decisions, particularly in relation to her financial matters. 2. In view of the foregoing, the petitioner moved this Court by a petition dated 28th November 2025 seeking the following orders: a. A declaration that JM is incapable of managing her own affairs; b. The appointment of the petitioner as co-manager over the estate of JM to deal with the entire estate. c. An order for the petitioner to be permitted access to information and utilization of funds in mobile phone No. 07XXXXXX01 or any other accounts in JM’s name. d. An order allowing the petitioner to access all accounts, assets, liabilities in the name of JM associated with the estate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1409/eng@2026-02-12 1
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e. 3. An order for court supervision over the management of the estate. The petition was canvassed by way of viva voce evidence before the court. The petitioner reiterated the contents of his supporting affidavit by stating that the patient is unaware of her surroundings due to the illness. Determination 4. The law governing such applications is found in the Mental Health Act. Under section 26 thereof, the court is empowered, where it is satisfied upon inquiry that a person is suffering from a mental disorder and is incapable of managing his or her affairs, to make orders for the management of the estate of such person and for the guardianship of the person. 5. The court has considered the pleadings, the affidavit evidence, and the medical documentation annexed. Dementia, by its nature, affects cognitive ability and interferes with a person’s capacity to make rational decisions concerning welfare and property. There is no material placed before the court to controvert the medical opinion presented. 6. The court is therefore satisfied that the patient is a person suffering from a mental disorder within the meaning of the Act and that she is incapable of managing her affairs. 7. In appointing a guardian and manager, the court is guided by the best interests of the patient, the need to safeguard her welfare, and the necessity to preserve her estate from waste or mismanagement. Having considered the material before it, the court is persuaded that the petition is merited. 8. However, the powers granted to a manager are not absolute. They must be exercised prudently, in good faith, and strictly for the benefit of the patient and remain subject to the supervision of the court. 9. From the foregoing, I make the following orders: a. The petition dated 28th November 2025 is merited. b. JMM is adjudged as a person suffering from a mental health disorder pursuant to the Mental Health Act. c. The petitioner, MMM, is hereby appointed a legal guardian and manager of the estate of JMM. d. The petitioner shall take charge of and protect the patient’s assets and income and shall utilize the same solely for the patient’s maintenance, medical care, and general welfare. e. The petitioner shall not sell, transfer, lease, charge, or otherwise dispose of any immovable property belonging to the patient without prior leave of the court. f. The petitioner shall keep proper records of all monies received and expended on behalf of the patient. g. The manager shall file in court a true and accurate account of the estate within six (6) months from the date of appointment and thereafter annually. h. Mention on 7th July, 2026. Orders accordingly. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF FEBRUARY 2026 ……………………………………… https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1409/eng@2026-02-12 2
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E.K. OGOLA JUDGE In the presence of: M/s Munyira…………………………………………………………… for the Applicant Gisiele Muthoni Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1409/eng@2026-02-12 3
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