High Court 4111 of 2026

3. The petitioner deponed that prior to 2021, the subject was of sound mind, in gainful employment, and capable of independently managing his affairs, including ownership and control of his property known as Plot No.. M95 EX Muroto Dandora. She referred to attached copy of the plot allocation card from the City Council of Nairobi and the letter confirming ownership of Plot No.. M95 EX Muroto Dandora. 4. The Petitioner stated in 2021, during an unlawful eviction from his parcel of land known as Plot No.. M95 EX Muroto Dandora, the subject was violently assaulted by trespassers, sustaining grievous head injuries that led to prolonged hospitalization and the aforementioned diagnosis. The petitioner referred to attached a copy of the case summary of Jesse Mburu Wanjiku from the Kenyatta National Hospital and a copy of the Medical Referral form from Mama Lucy Kibaki Hospital respectively. 5. The Petitioner deponed further the injuries sustained resulted in brain injury, causing severe memory loss, epileptic episodes, disorientation, and inability to carry out daily tasks or make informed decisions about his personal or financial matters. The petitioner referred to attached copy of the Mental Disorders Assessment Form dated 29th October 2024 6. The petitioner stated the disputed property remains unlawfully occupied, and unless legal action is instituted promptly to recover possession and protect subject’s ownership rights, there is a real and imminent risk of permanent loss. 7. The Petitioner stated that without the authority of this Honourable Court, she cannot represent him in court or administrative proceedings, safeguard his estate and protect it from exploitation or loss. 8. This petition was canvassed by way of viva voce evidence on the online platform. The subject Jesse Mburu Wanjiru testified as follows; “ I am fine. I am 37 years. This is my sister Mary. I stay in Dandora. I stay with her. I am younger than her. I am fine today. I have headache. My left hand is weak. I see Doctor at Kenyatta. I am recovering. I am taking drugs. I am not working” 9. The Petitioner PW2 Mary Wanjiru Wambui testified the subject is her younger brother. He is married to Mary Kubu and they separated. They have two children. The petitioner testified further that she prays for an order that plot for subject in Dandora to be given to him. The petitioner testified that the subject suffers from epilepsy and hand weakness after a fall. He is been treated at Mathari,Lions and Mama Lucy Hospital. 10. Jane Rugari Wambui testified that the subject is their last born brother and she supports the petition. 11. Stephen Kuria Mbugua testified that he supports the petition and want to hand over the affairs of the subject to the Petitioner. Rahab Wambui testified that she supports the petition. 12. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4111/eng@2026-03-12 2

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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.” 13. The court in Re N M K [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; 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.” 14. The Petitioner has sought orders that this court to declare the subject as a person suffering from mental illness and therefore incapable of managing his affairs. The petitioner is also seeking to be appointed as Guardian and Manager of the subject. 15. 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. 16. The Petitioner informed this court that the subject suffers from epilepsy and hand weakness after a fall. She testified that the subject is been treated at Mathari,Lions and Mama Lucy Hospital. In support of the petition the petitioner has attached to the application copies of case summary of Jesse Mburu Wanjiku from the Kenyatta National Hospital and a copy of the Medical Referral form fromth October 2024. Further the Petitioner has produced copies of the subject’s medical prescriptions, clinic payments receipts, hospital invoices and medical scans. 17. Mama Lucy Kibaki Hospital respectively. The Petitioner has also produced a copy of the Mental Disorders Assessment Form dated 29th October 2024. Further the Petitioner has produced copies of the subject's medical prescription, clinic payments receipts, hospital invoices and medicaql scans. 18. To establish whether the subject suffers from a mental illness this court had an opportunity to observe and interview the subject on the online platform and noted that the subject. I noted that the subject is suffering from epilepsy but the same has not affected his capacity to know what is happenings within his surroundings. He was also coherent in speech. I have also perused the medical reports on record and they confirm that the subject suffers from epilepsy. 19. Based on the above evidence and material availed to this Court, I find that the subject suffers from Epilepsy however the same has only affected his ability to make major decisions in respect of his property and take care of his property. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4111/eng@2026-03-12 3

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20. This court therefore finds that the subject is able to articulate himself clearly. He has a mental capacity to appreciate time, space and events. However, this court find that the subject is not able to make complicated decisions. I therefore find that the subject is suffering from mental illness but is not incapable of managing his affairs. The subject needs assistance in making decision in respect of business, property and health due to epilepsy . 21. In conclusion I make the following orders; 1. The subject Jesse Mburu Wanjiku suffer from mental illness under section 26 of Mental Health Act. 2. This court hereby appoints Mary Wanjiku Wambui as the Guardian of the subject Jesse Mburu Wanjiku 3. This court also appoints Mary Wanjiku Wambui and Jesse Mburu Wanjiku jointly as Managers of the affairs and estate of the subject Jesse Mburu Wanjiku. 4. The Petitioner Mary Wanjiku Wambui is hereby authorized by this court to; 5. i. Manage his healthcare and medical treatment ii. Execute documents on his behalf iii. Represent him in legal,administrative and statutory matters. In accordance with the provisions of Section 33 of the Mental Act, the managers Mary Wanjiku Wambui and Jesse Mburu Wanjiku 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/2026/4111/eng@2026-03-12 4

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