In re ONM (Miscellaneous Application E016 of 2026) [2026] KEHC 5133 (KLR) (24 April 2026) (Judgment) Neutral citation: [2026] KEHC 5133 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) MISCELLANEOUS APPLICATION E016 OF 2026 PM NYAUNDI, J APRIL 24, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT AND IN THE MATTER OF SECTION 26 OF THE MENTAL HEALTH ACT AND IN THE MATTER OF ONM AND IN THE MATTER OF AN APPLICATION BY AMNM TO BE APPOINTED AS GUARDIAN AS PERTAINING MCELC CASE NO. E 1436 OF 2020 IN THE MATTER OF AMM ......................................................................................................... PETITIONER JUDGMENT 1. 2. The Petitioner filed an application under certificate of urgency dated 15th January 2025, supported by his affidavit seeking that: a. This Honourable Court be pleased to appoint him as guardian of ONM for purposes of prosecuting CMELC No. E 1436 of 2020 On Versus En And Three Others. b. Upon substitution in CMELC NO. E 1436 OF 2020 On Versus En And Three Others, the suit does proceed at the instance of AMM as the new Plaintiff. c. The costs of this application be in the cause. The Petition was canvassed by way of viva voce evidence on 19th March, 2026. AMM (Petitioner herein) is the son to the subject. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5133/eng@2026-04-24 1
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3. The subject is 85 years old, a person with disability, she has been under treatment since May, 2025 as per annexed copy of doctor’s report. 4. The Petitioner averred that the subject has been diagnosed with progressive memory loss and pre-senile dementia rendering her unfit to prosecute the CMELC No. E 1436 of 2020 On Versus En And Three Others. 5. That there is need to substitute the Subject with the Petitioner to enable CMELC No. E 1436 of 2020 On Versus En And Three Others to proceed for hearing. 6. That the application is made in the best interest of the subject who stands to lose Plot G. 181 aka share certificate 956 aka parcel number Nairobi Block 105/1473 (the “suit property”) in CMELC No. E 1436 of 2020 On Versus En And Three Others if substitution is not granted. 7. The Petitioner further averred that he has other siblings namely; a. VW b. SNM c. EKM d. JM e. SMM f. NG g. TM 8. Subsequently, the consent from the Subject’s siblings were obtained both orally and written. 9. The Petition is supported by a Report dated 20th May, 2025 from Dr. Rasik Kantaria Jalaram of Jalaram Medical Services. The report confirmed that the subject was diagnosed with progressive memory loss and pre-senile dementia, where she further stated that the subject is not able to represent herself in a Court of law. 10. The Court interviewed the subject and it was evident that she was not aware of her surroundings. Determination 11. The provisions of the Mental Health Act ensure that individuals who suffer from mental illness are well cared for and their estates are properly handled. The Mental Health Act, at Section 26 provides that: 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. Whereupon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5133/eng@2026-04-24 2
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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. 12. I have considered the evidence adduced in Court, I am persuaded that the Petitioner is best placed to provide adequate care to the subject and ensure her wellbeing. 13. It is in the subject's best interest that the Petitioner is appointed as her personal representative to ensure that funds are available for her upkeep and further medical attention in the future as well as preserve her estate. 14. In the circumstances, these are the orders of the Court that; a. ONM is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248). b. AMM is hereby appointed under Section 27 of the Mental Health Act as the Guardian of ONM. c. AMM is hereby appointed manager of the estate of ONM under Section 28 of Mental Health Act to manage her estate including any such description of moveable or immoveable property, money, debts and legacies, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property or giving a right to receive any money or goods. d. Pursuant to this appointment AMM shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging ONM. e. I n accordance with Section 27(4) of the Mental Health Act, 2022 the Petitioner shall cause within 30 days the publication of notice in the Gazette, informing the public of his appointment as the manager of the estate of ONM. f. As Manager of the Estate of the ONM, the Petitioner may dispose of the property only with the sanction of the Court. g. The matter will be mentioned before Deputy Registrar on 10 th June 2026, to confirm compliance. h. Costs to be met out of the Estate of the Subject. SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24 TH DAY OF APRIL, 2026. P. M. NYAUNDI JUDGE In the presence of; Fardosa Court Assistant Mungai holding brief for Wanjiru for Petitioner https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5133/eng@2026-04-24 3
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