High Court 3620 of 2026

3. The Applicant is the husband of the subject IWR. He states that the Subject fell ill in the year 2015 and that since then she has been in and out of hospital. That the subject is currently bed-ridden and requires round the clock care. The Applicant has had to hire a caretaker to assist him care for the subject. 4. The Applicant states that due to her incapacity the Subject even had to retire early from her teaching job. He states that the subject is unable to manage her own affairs. As such the Applicant prays to be appointed as guardian over his wife. Analysis and Determination 5. Section 26 of the Mental Health Act, Cap 248 provides for the circumstances in which a court may make orders for the management and maintenance of patient (subject) as follows:“ Order for custody, management and guardianship. 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. Where upon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent 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. [Own emphasis] 6. In order to warrant the appointment of a legal guardian it must be demonstrated that the subject suffers from a mental disorder rendering her incapable of managing her own affairs. 7. I have perused the chief’s letter dated 28th April 2025 which is annexed to the Summons. The chief of Chinga North East Location by this letter confirmed firstly that the Applicant is the husband of the subject. The chief also confirmed that the subject has been ailing since the year 2017. That she is on medication and is not able to walk. 8. The couples three (3) children EKR, BW and SR all testified in this matter. They all confirmed that the subject who is their mother has been ailing for several years. They confirmed that the subject is not able to take care of herself and a caretaker has been hired to assist her with activities of daily living. The three (3) children all confirm that they are aware of this application and none has any objection to the grant of guardianship to the Applicant who is their father. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3620/eng@2026-03-19 2

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9. I have perused the medical report dated 18th July 2015 issued in respect of the subject from Kiriaini Mission Hospital. The report indicates that the subject underwent head surgery and that as a result she cannot express herself well, and is limited in carrying out her day to day activities. 10. I have also perused the Psychiatric Report dated 5th December 2025 prepared by Dr. S. Musau of Outspan Hospital in Nyeri. The subject was found to have poor memory, confusion and required assistance in activities of daily living. She had slurred speech and was disoriented with poor attention and concentration. The psychiatrist concluded that the subject suffers from “Major Neurocognitive disorder secondary to or worsened by a brain bleed.” The doctor stated that the subject was not able to manage her own affairs. 11. I did have a brief interaction with the subject on the virtual platform. She was a frail elderly lady sitting on a sofa. The subject was only able to express herself with difficulty. It is clear that the subject is suffering from a mental disorder. 12. In RE: N. M. K. [2007], the Court in considering what factors ought to be borne in mind when making a Guardianship order stated as follows:“ In considering an application brought under section 26 and 27 of the Mental Health Act the court guided by three main factors. a. There must be medical evidence warranting the determination by the court that the subject suffers a mental disorder. b. The person to be appointed to be either a Guardian or Manager must be fit to be so appointed. c. The court must be satisfied that the proposed manager will utilize her powers for the benefit and welfare of the subject. The overriding principles in applying all these factors is that the welfare and best interest of the subject must be overall guiding principle. [Own emphasis] 13. Finally I find that this application is merited. The same is allowed and this court makes the following orders. (1) The subject IWR is declared to be a person suffering from a mental disorder within the terms of the Mental Health Act, Cap 248, Laws of Kenya. (2) The Applicant HRG is hereby appointed as legal Guardian for the subject IWR and Manager of her estate. (3) No orders on costs. DATED IN NYERI THIS 19TH DAY OF MARCH 2026 MAUREEN A. ODERO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3620/eng@2026-03-19 3

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