High Court 4037 of 2026

d. That this court be pleased to grant such orders as may be necessary to lawfully and effectively serve, preserve, promote the upkeep, all general interests and welfare of the subject AM. 2. The Petitioner deposed a Verifying Affidavit stating that he is an adult of sound mind and that the contents of the Petition are true to the best of his knowledge, information, and belief. 3. The Petitioner, in his Petition and during examination at the hearing held on 12th March, 2026, informed the Court that AM is his nephew. He stated that his intention in seeking guardianship is to act in AM’s best interests. He further stated that AM is not married and has no children. 4. The Petition refers to AM as someone who has suffered from Intellectual Disability Disorder throughout his life. It states that the subject has confirmed cognitive decline and is entirely dependent on his uncles for care and basic needs. He has no insight or awareness, making it impossible for him to think clearly or make informed or rational decisions. His condition is untreatable, and only symptomatic management can be provided. 5. Dr. Gerald Nganga, Head of Department at Thika Level Five Hospital, testified during the hearing that AM has a condition known as mental disability, formerly called retardation. He explained that AM was born with this chronic condition, now referred to as intellectual disability disorder. A medical report dated 12th January, 2026, which he prepared, was presented before the Court and accepted as evidence. 6. AM also appeared before the Court. He was responsive, appeared unwell (mental health), was happy, and very well-presented. Issues 7. The Court has considered the Petition and the evidence on record. The issues for determination before this Court are as follows: i. Whether the subject should be declared as suffering from a mental disorder. ii. Whether the Petitioner should be appointed guardian and manager of the estate of the subject as prayed. Analysis 8. The Petitioner in his Petition seeks to be appointed as guardian and manager of the affairs of AM, as owing to his illness, he cannot manage his affairs. Whether the subject should be declared as sufiering from a mental disorder pursuant to the Mental Health Act, Cap 248 9. The Mental Health Act provides for the care of persons who are suffering from a mental disorder, the custody of their persons and the management of the estate of such persons. Section 2 of the Act defines “person suffering from mental disorder” as follows: “person suffering from mental disorder” means a person who has been found to be so suffering under this Act and includes a person diagnosed as psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse.” 10. The Petitioner explained that the nature of AM’s condition is that he is often forgetful, oblivious, and completely unaware of his surroundings. He previously attended [Particulars withheld] School for children with special needs but left after 7-8 years. Medical evidence from doctors who have treated AM indicates that he is not in a proper mental state to manage his affairs or his own welfare. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4037/eng@2026-03-19 2

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11. The Court has noted the medical documentation presented in the Petition indicating a diagnosis of Intellectual Disability Disorder, and observed the subject during the examination in court. The Court is satisfied on the evidence presented that the subject is a person suffering from a mental disorder. Whether the Petitioner should be appointed as guardian and manager to the subject 12. The Petitioner urges the Court to appoint him as legal guardian of the subject for purposes of managing his affairs. The Petition is unopposed. 13. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held: “This Court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Petitioner to the subject.” 14. The Court is satisfied of the close relation of the Petitioner to the subject as his Uncle, and that the prayers sought in this Petition are deserved and should be granted. Orders 15. Accordingly, for the reasons set out above, the Petition dated 4th February, 2026 is allowed in terms that: 1. That the Subject AM is declared to be a person suffering from a mental disorder under the Mental Health Act, Cap 248 Laws of Kenya. 2. That Court appoints the Petitioner - ATN as the guardian and manager in respect of AM and grants him custody, care, and management of the subject. 3. That the Court appoints the Petitioner as the manager of the estate of the Subject with powers to run his affairs, including but not limited to operating his bank accounts and her investment portfolios as well as executing legally binding instruments on her behalf. 16. In accordance with Section 33 of the Mental Health Act, the Petitioner shall as the manager appointed in No. 3 above within six (6) months from today and annually, respectively, render an inventory of assets and an account of dealings therewith to the Court, being a full and accurate inventory of any assets and account of their dealings with the estate of the subject herein for further orders, as appropriate. 17. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 19TH DAY OF MARCH, 2026. ………………… C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Corrected pursuant to Section 99 of Civil Procedure Act on 20th April, 2026. …………………… C. KENDAGOR https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4037/eng@2026-03-19 3

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JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4037/eng@2026-03-19 4

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