In re MWM alias MWM alias MW alias MW alias MW (Petition E281 of 2025) [2026] KEHC 1520 (KLR) (Family) (13 February 2026) (Judgment) Neutral citation: [2026] KEHC 1520 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY PETITION E281 OF 2025 PM NYAUNDI, J FEBRUARY 13, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT, (CAP 248 OF THE LAWS OF KENYA IN THE MATTER OF EN ............................................................................................................. PETITIONER JUDGMENT 1. The Petitioner filed an application dated 1st September 2025, supported by her affidavit seeking that:a. This Honourable Court be pleased to declare MWM as a person suffering from a mental disorder under the Mental Health Act, Cap 248. b. The Petitioner EN, be appointed as the Legal Guardian and Manager of the affairs and estate of MWM. c. Costs of this petition be provided for. 2. The Petition was canvassed by way of viva voce evidence on 27th November, 2025. EN (Petitioner herein) is the daughter of the subject. 3. The subject is 73 years old and is blessed with two children that is the Petitioner, and LNW who is a person with disability as per attached (copy from the National Council for persons with disabilities). The subject lives with the Petitioner’s daughter Kendal Wakonyo who is the caregiver. 4. That on 2019, the subject was hospitalized for Covid 19 and recovered. However, she started exhibiting signs of anxiety attacks and stress and in 2022 the subject was diagnosed with early signs of dementia. 5. The Subject is unable to take care of herself, have a meaningful conversation as her memory has faded with time. Subsequently, she is incapable of making informed decisions or managing her personal affairs and/or estate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1520/eng@2026-02-13 1
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6. Dr. Mucheru Wang’ombe Psychiatrist of Healthy Mind Consultants Limited confirmed that the subject is mentally challenged by report dated 16th August, 2025 The report confirmed that the subject was diagnosed with dementia and is currently not cognitive, responsive and she is not able to function without help on day to day basis in all her activities. 7. The Court interviewed the subject and it was evident that she was disoriented. It is therefore necessary that the Petitioner be appointed as the subject’s guardian to enable her take care of the subject’s day to day affairs. Determination 8. The provisions of the Mental Health Act ensure that individuals who suffer from mental illness are well cared for and their estates are properly handled. The Mental Health Act, at Section 26 provides that: 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. 2. 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. 3. Whereupon inquiry 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 fit for the management of the estate of such person, including proper provision for his 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. I have considered the evidence adduced in Court, I am persuaded that the Applicant is best placed to provide adequate care to the subject and ensure her wellbeing. 10. It is in the subject's best interest that the Petitioner is appointed as her personal representative to ensure that funds are available for her upkeep and further medical attention in the future as well as preserve her estate. 11. In the circumstances, these are the orders of the Court that; a. MWM alias MWM alias MW alias MW alias MW is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248). b. EN is hereby appointed under Section 27 of the Mental Health Act as the Guardian of MWM alias MWM alias MW alias MW alias MW. c. EN is hereby appointed manager of the estate of MWM alias MWM alias MW alias MW alias MW under Section 28 of Mental Health Act to manage her estate including any such description of moveable or immoveable property, money, debts and legacies, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property or giving a right to receive any money or goods. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1520/eng@2026-02-13 2
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d. Pursuant to this appointment EN shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging MWM alias MWM alias MW alias MW alias MW e. In accordance with Section 27(4) of the Mental Health Act, 2022 the Applicant shall cause within 30 days the publication of notice in the Gazette, informing the public of her appointment as the manager of the estate of MWM alias MWM alias MW alias MW alias MW f. As Manager of the Estate of the MWM alias MWM alias MW alias MW alias MW g. The Petitioner may dispose of the property only with the sanction of the Court. h. The matter will be mentioned before court on 28th April 2026 to confirm compliance. i. Costs to be met out of the Estate of the Subject. SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 13TH DAY OF FEBRUARY, 2026. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant Ms. Kagwe for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1520/eng@2026-02-13 3
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