In re KLK (Miscellaneous Civil Application E002 of 2024) [2026] KEHC 3842 (KLR) (19 March 2026) (Ruling) Neutral citation: [2026] KEHC 3842 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BOMET MISCELLANEOUS CIVIL APPLICATION E002 OF 2024 JK NG'ARNG'AR, J MARCH 19, 2026 IN THE MATTER OF AN APPLICATION FOR APPOINTMENT AS GUARDIAN AD LITEM AND/OR CUSTODIAN OF KLK BETWEEN JCC .............................................................................................................. APPLICANT AND KLK ................................................................................................................... SUBJECT RULING 1. Through an Application dated 3rd May 2024, JCC (Applicant) sought to be appointed as the Guardian for KLK (subject). The Applicant stated that she was the legal wife of the subject and that the subject sufiered from bipolar a mood disorder which was characterized by manic episodes. 2. It was the Applicant’s case that the subject’s siblings had filed a succession cause in this court being Bomet High Court Succession Cause No. 22 of 2020, in the matter of the estate of KKAK (Deceased) and they had not informed the Court of the subject’s incapacitation. It was the Applicant’s further case that the subject’s siblings kept on sending a caretaker to evict the subject from their matrimonial home. That the said siblings intended to take advantage of the subject’s condition to take away his interests in their deceased’s father’s estate. 3. In her written submissions dated 25th March 2025, the Applicant submitted that according to the Medical Reports of Dr. Francis R. Owiti abd Dr. Njagi, the subject sufiers from severe mental disorder of the type schizophreniform illness and had spent most of his life in hospital. That the subject had personality disorder. The Applicant further submitted that the subject required a guardian to manage his afiairs. 4. It was the Applicant’s submission that this Court had the power to make her a guardian to manage the subject’s afiairs. That she was the subject’s wife and were blessed with one issue. She relied on Section https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3842/eng@2026-03-19 1
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26 of the Mental Health Act. It was the Applicant’s further submission that she had demonstrated love, care and responsibility towards the subject by filing the present Application. Response 5. Through a Replying Affidavit dated 26th November 2024, the subject, the subject stated that on 9th November 2024, he reported a complaint about a medical report dated 24th April 2024 by Dr. Njau who alleged to have medically examined him. That the O.B number for the complaint was 38/9/11/2024 and he was waiting for the completion of the Police investigations. 6. It was the subject’s case that he sufiered from substance abuse during his university days and was walked through the journey of recovery by his personal doctor, Dr. Fredrick Owiti and that the medical report indicated that he was not mentally incapacitated. That he had not been diagnosed with chronic bipolar and that the Applicant was driven by greed to wrest his parents’ estate through forgery. 7. Through his written submissions dated 8th October 2024, the subject submitted that he had recovered from substance abuse. That he had instituted divorce proceedings being Divorce Cause Number E546 of 2024 against the Applicant. The Subject further submitted that the Applicant relied on a forged medical report by Dr. Njau. 8. It was the subject’s submission that a diagnosis was not sufficient to establish mental incapacity. That the medical evidence had to show that he was unable to manage his own afiairs independently and responsibly. Court’s determination 9. Section 26 (1) and 2 of the Mental Health Act provides that: (1) (2) An application for an order for the management and administration of the estate of a person with mental illness may be made to the court, in the following order of priority, by— (a) a supporter of the person with mental illness; or (b) the representative of the person where the person with mental illness has not appointed a supporter. An application under subsection (1) shall be submitted together with an affidavit setting out— (a) the grounds upon which the application is made; (b) the full particulars as to the property and relatives of the person to whom it relates; and (c) a certified true copy of the admission or treatment and particulars in respect of person duly admitted as a person with mental illness. 10. The Applicant stated that the Subject sufiered from bipolar disorder and was unable to manage his afiairs. That the Subject’s siblings intended to disinherit him from their father’s estate. The Applicant attached a Medical Report by Dr. Njau dated 24th April 2024. I have looked at the Medical Report and it stated that the subject sufiered from chronic mental illness being bipolar disorder. 11. On the other hand, the Subject denied being medically examined by Dr, Njau and stated that she had reported the forgery to the police. He attached an O.B Number confirming the same. The subject stated that he had sufiered from substance abuse in his university days but had since recovered. The subject further stated that he had initiated divorce proceedings against the Applicant and that the Applicant’s intention with the present Application was driven by greed eyeing his deceased’s father’s estate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3842/eng@2026-03-19 2
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12. From the above, the fact of the Subject’s mental illness is disputed. This in my view makes the Medical Report relied by the Applicant unreliable and consequently this is not a case that is suitable for the grant of the orders of guardianship at this time. 13. Accordingly, the Notice of Motion Application dated 3.5.2024 is dismissed. 14. Each Party to bear their own costs. 15. File is closed. RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 19TH DAY OF MARCH, 2026. HON. JULIUS K. NG’ARNG’AR JUDGE Ruling Delivered in the presence of: Susan/Siele Court Assistant Jaleny for the Subject Ondande for the Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3842/eng@2026-03-19 3
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