High Court 2903 of 2026

b. The Applicants shall jointly act as managers and guardians in accordance with the directions and orders of the Court and in particular to jointly have access and operate the Wards bank accounts, businesses and properties; and c. The costs of this application be provided for from the Wards estate. 2. The Application was supported by a Supporting Affidavit sworn by GWM deponed that she daughter of the Ward and was duly authorized and had express consent of her siblings who are the two other Co-Applicants to make this affidavit; and that she was competent to make the affidavit; 3. The Ward was their mother and in 2022 she was taken ill and was diagnosed with Alzheimer’s disease and this was supported by a Medical Report which was produced and marked as ‘PExh.1’. She had been previously been running her affairs and catering for her medical expenses and managing her businesses but as her condition continued to deteriorate the Ward was unable to exercise her mental faculties as expected; 4. Her mother’s medical condition is one from which she will not recover to take care of herself and or make independent decisions; and is now fully dependent on her children and that it was in the best interest of their mother that they be appointed as managers and guardians so as to take care of her medical and personal needs. 5. The Applicants urged the Court to appoint them as the legal guardians and geared towards preservation and protection of the ward’s estate or any of her assets and as managers over the ward for the better management of the wards’ affairs. 6. At the hearing of the Application Doctor Cosmas Karanja Kimama Muchunu a medical doctor working at the Kenyatta University Teaching and Referral Hospital as a general practitioner testified that he had examined the wards mental stability and incapacity; he produced the wards Mental Assessment Report and it was marked as PExh.2 in support of his evidence; 7. The Application was unopposed Issues for Determination 8. Having perused 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 9. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2903/eng@2026-02-27 2

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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 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.” 10. The Doctor has produced medical expert evidence that confirmed the Ward was suffering from advanced Alzheimer’s condition characterized by severe mental incapacity and was a full time dependant and needed a guardian to look after her as she was unable to take care of his affairs. 11. Upon observing the Ward at the hearing hereof, it is evident she was not able to express herself and that she was not able to comprehend or respond to simple greetings and instructions; going by the doctors evidence the Ward’s current condition the Ward is unable to make any rational decision and needs assistance. 12. This Court is satisfied that granting the Applicants the orders sought would be in the best interest of the Ward 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 Ward is found to be a person who needed her affairs to be managed and was in need of medical and personal care. Findings and Determination 13. For the foregoing reasons this court makes the following findings and determinations:i. The Application is found to have merit and it is hereby allowed. ii. The Ward herein R.W.M. 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 the Applicants DWM, RMM and GWM to be the legal guardians and managers of the ward R.W.M. iv. The Applicants shall manage but not distribute her estate without the consent of the Court; v. The Applicants shall in particular do the following:a. Institute any suit on behalf of the estate of R.W.M. as guardian and to execute all court papers necessary for the filing of any litigation on her behalf and geared towards preservation protection and realization of the estate of any of its assets b. Execute and sign documents on behalf of the Ward with respect to the ward’s estate. c. Receive monies and proceeds from the Ward’s estate. d. Utilize these proceeds to cater for the ward’s health care, medical expenses and maintenance; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2903/eng@2026-02-27 3

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e. To render to family members regular yearly accounts on the monies received from the estate of the ward. f. This being a family matter there shall be no order as to costs. Orders accordingly. DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 27TH DAY OF FEBRUARY, 2026. A. MSHILA JUDGE In the presence of; Sanja – Court Assistant Biko Angwenyi – for the Applicants https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2903/eng@2026-02-27 4

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