High Court 5134 of 2026

2. At the hearing of the Petition, the Petitioner informed the Court that he is the eldest son of SAE. Their father, YYS, is stated to have died in 2027. 3. The Petitioner expressed that his intention in seeking guardianship is to act in his mother’s best interests. The Petition cites medical evidence from the Medical Doctors who have treated SAE, showing that she is not in a proper state to handle her own affairs or personal welfare. Her condition follows injuries sustained in a road traffic accident that she was involved in on 17th January, 2025. 4. Dr. Edwin Mogere, a neurosurgeon from the Aga Khan Hospital, testified during the hearing that SAE has been undergoing treatment and rehabilitation following injuries sustained in the accident. He stated that the injuries had rendered the subject unable to live a normal life, as she requires support to manage her own affairs due to diminished speech and impaired memory. 5. Treatment notes from the Aga Khan Hospital were availed before the Court and duly received as evidence. The documents confirm the involvement in an accident, severe surgeries and surgery. Neurological recovery is dependent on continued support and rehabilitation. 6. SAE was presented before the Court physically and demonstrated responsiveness, though her speech was impaired, and she exhibited signs of being unwell. She was in a wheelchair and accompanied by the Petitioner, her other son, SBS and a caregiver, FI. The caregiver affirmed that SAE is receiving appropriate care. 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 mental illness; ii. Whether the applicant 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 and estate of SAE, as owing to her condition, she can no longer manage her affairs and those of her estate. Whether the subject should be declared as sufiering from mental illness pursuant to the Mental Health Act, Cap 248 9. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.” 10. The Court has noted the evidence and medical documentation presented in the Petition 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 illness. Whether the Petitioner should be appointed as guardian and manager to the subject 11. The Petitioner emphasized that the matter was urgent, noting that the subject needed medical attention and arrangements for review and treatment abroad were in progress. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5134/eng@2026-04-13 2

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12. 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 applicant to the subject.” 13. The Court is satisfied of the close relation of the applicant to the subject as her son, and that the prayers sought in this Petition are deserved and should be granted. Orders: 14. Accordingly, for the reasons set out above, the Petition dated 26th January, 2026 is allowed in the following terms; a. The Subject SAE is declared to be a person suffering from a mental illness under the Mental Health Act. b. The Court appoints the Petitioner, YYS, as the guardian and manager in respect of SAE and grants him custody, care, and management of the subject and her estate. c. The Court appoints the Petitioner YYS as the manager of the estate of the Subject with powers to run her affairs, including but not limited to operating her bank accounts and her investment portfolios, as well as executing legally binding instruments on her behalf. d. The Petitioner as guardian and manager is authorized to institute, prosecute and or defend legal proceedings on behalf of the Subject arising from the road traffic accident which resulted in the Subject’s injuries. e. All funds or assets due to her estate shall be used solely for the benefit of the Subject. f. YYS shall render semi-annually an account of dealings therewith to the Court, being a full and accurate account of the dealings with the estate of the subject herein for further orders, as may be appropriate. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 13TH DAY OF APRIL, 2026. C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5134/eng@2026-04-13 3

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