Pnk v Civil

2. The petition is supported by an affidavit sworn by the petitioner on even date in which the petitioner briefly deponed that JKK was married to KB (Deceased) and were blessed with four children and the petitioner the firstborn 3. The Petitioner deponed that JKK suffers from dementia of the alzheimer's type that has affected her mental faculties. As a result, she suffers from memory loss and does not have the mental capacity to comprehend or manage her affairs. The petitioner in support referred to attached copies of two independent Medical Reports dated 10th December 2020 and 13th February, 2025. 4. The Petitioner deponed further that JKK is the registered account holder of Standard Chartered Account Number 0xxxxxxxxx00, which holds funds for her sustenance. However, due to her mental incapacity, she can no longer exercise proper judgment to utilise funds in the said account for her daily sustenance needs. 5. The Petitioner stated that she has move this Honourable Court in her capacity as JKK's firstborn daughter to be appointed as her guardian and manager of his estate.The petitioner stated she will be in a position to access the funds in her account and fend for her daily sustenance needs totalling over Kes 99,500 monthly for physiotherapy, purchase of her medicines, doctor's consultation fees, hiring a nanny and general shopping for groceries and diapers. 6. This Petition was canvassed by way of viva voce evidence on the online platform. 7. The court was able to observe the subject JKK on the online platform and noted that the subject appeared uneasy and is unable to have a conversation. 8. The Petitioner PNK testified that the subject is her mother and she is 65 years old. She testified that the subject was married to JKB. They had four children. She testified that she prays for guardianship of the subject and this will enable her manage the subject’s upkeep. The Petitioner testified that the subject suffers from dementia since 2020. She has been treated both in Nanyuki and Nairobi by Dr. Sam and Dr. Judy and they have both filed Medical Reports. 9. PW2 TMK, PW3 KGK, PW4 JK, testified in court and confirmed that the subject is their mother and they support the Petition. 10. The court has exhaustively considered all the material placed before it, the main issue for determination is whether the court should declare the subject as a person suffering from mental illness so as to grant the guardianship and management orders as sought in the petition herein. 11. Section 2 of the Mental Health Act cap 248 provides that: “ A person suffering from mental disorder” means a person who has been found to be suffering under this Act and includes a person diagnosed as a psychopathic person with mental illness and suffering from mental impairment due to alcohol or substance abuse.” 12. The court In Re NMK [2017] eKLR considered what should guide the court when applying Section 26 and 27 of cap 248. The held as follows: “ In considering an application brought under sections 26 and 27 of the Mental Health Act, the Court is guided by three main factors: i. There must be medical evidence warranting the determination by the court that the subject suffers from mental disorder; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4071/eng@2026-03-12 2

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ii. The person to be appointed to be either a guardian or manager must be fit to be so appointed; iii. The court must be satisfied that a proposed manager will utilize her powers for the benefit and welfare of the Subject.” 13. The Petitioner has sought orders that this court to adjudge the subject as a person suffering from mental illness and therefore incapable of managing her affairs. The petitioner is also seeking to be appointed as guardian and manager of the subject. 14. To merit the above orders the Petitioner must adduce evidence to satisfy the court firstly that the subject is a person suffering from a mental illness under the Mental Health Act and secondly that the subject is incapable of taking care of his affairs. 15. The Petitioners informed court that the subject is 67 years old and suffering from a dementia since 2020. She testified that the subject has been treated by Dr. Sam and Dr. Judy in Nanyuki and Nairobi respectively and they have filed Medical Reports. 16. The petitioner produced a Medical Report dated 10th December, 2020 prepared by Dr. Judy W Kamau, Consultant Psychiatrist from Hurligham Medical Center in which she opined as follows; “ Re; JKK The above named has been under my care since 24th of February 2020, and previously under the care of another mental health specialist from the year 2018. She has been suffering from gradual memory loss over the last 5 years. She is not oriented in space and time, she will occasionally not even remember her children's names, and has very poor immediate recall of information. She is suffering from Dementia of the Alzheimer's type. While she is on medication to try slow down the progression of the illness, the prognosis is usually poor as she would not be able to recover. She therefore needs round the clock care and will need assistance in the management of her gestate, financial decisions and self-care. Assistance accorded to the family during this period will be highly beneficial Dr. Judy W Kamau Consultant Psychiatrist.” 17. The Petitioner also produced a Medical Report dated 13th February 2025 from Laikipia Health Service, Nanyuki prepared by Dr. Gathuru, Consultant Psychiatrist, Nanyuki Teaching and Referral Hospital. Dr Gathuru opined as follows; “ Re; Medical Report for JKK … She has been diagonised with dementia of the Alzheimer’s type,a chronic and progressive neurological condition… Due to the nature of illness, she nolonger independently manage complex tasks, including but not limited to handling finances, making informed decisions,or managing her personal affairs and self-care…” 18. This court was also able to observe the subject on the online platform. This court noted that the subject was unable to have a fruitful conversation. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4071/eng@2026-03-12 3

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19. Based on the material availed to this Court, I am satisfied that the Subject suffers from a mental illness under Section 26 of the Mental Health Act. I find merit of this petition dated 26th November, 2025 and make orders as follows; 1. The subject JKK suffers from mental illness under section 26 of Mental Health Act and the subject is hereby declared as a person suffering from a mental illness as defined in section 2 of the Mental Health Act cap 248 Laws of Kenya. 2. This court hereby appoints PNK as the guardian of the subject JKK. 3. This court also appoints PNK as manager of the affairs and estate of the subject JKK in accordance with the Mental Health Act, with powers to sign, access, withdraw, execute and /or carry out any act incidental to the affairs of JKK with special permission pursuant to Section 27 of the Mental Health Act to charge, sale, gift, surrender, transfer, exchange or otherwise deal with any movable or immovable property comprised in the estate of JKK. 4. The Petitioner PNK is hereby authorized to carry out any act incidental to the affairs of JKK, including full and unlimited access of her standard Chartered Account Number 0xxxxxxxxx00. 5. In accordance with the provisions of Section 33 of the Mental Act, the manager CM will furnish an Inventory and annual statement of the subject’s estate to this court and the Public Trustee as required by the law. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MARCH, 2026. ........................................ S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4071/eng@2026-03-12 4

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