In re ADS (Miscellaneous Application E024 of 2026) [2026] KEHC 5155 (KLR) (Family) (24 April 2026) (Judgment) Neutral citation: [2026] KEHC 5155 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY MISCELLANEOUS APPLICATION E024 OF 2026 PM NYAUNDI, J APRIL 24, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT AND IN THE MATTER OF SECTIONS 26 AND 28 OF THE MENTAL HEALTH ACT (248 LAWS OF KENYA) AND IN THE MATTER OF ABS (A PERSON SUFFERING FROM MENTAL DISORDER/INCAPACITY) IN THE MATTER OF A PETITION BY NPS JUDGMENT 1. An application dated 26th February, 2026 was filed under certificate of urgency by Petitioner supported by his affidavit seeking that: a. 2. This Honourable Court be pleased to appoint him as guardian of ABS estate of the Subject pursuant to Sections 26b and 28 of the Mental Health Act, with limited authority to: i. Make and execute medical decisions and consent forms on behalf of the Subject; ii. Access and utilize funds strictly for purposes of medical treatment, hospital bills and essential care; iii. Attend to urgent administrative and financial matters necessary for the welfare and protection of the subject. The Petition was canvassed by way of viva voce evidence on 19th March, 2026. NPS (Petitioner herein) is the husband to the subject. The asserted that he is a retired Civil Engineer. That the subject fell ill 3 years ago. Paralysis. Her right side is not functioning. The Subject is unable to move or travel. She is incapable of managing her affairs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5155/eng@2026-04-24 1
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3. The subject is 82 years old, a person with disability, she has been under treatment since February, 2023 as per annexed copy of doctor’s report. 4. The Petitioner further averred that together with the Subject, they have three (3) adults children. Their consents were obtained both orally and written. a. ATS b. SS c. SS 5. The Petition is supported by a Report dated 2nd December, 2025 from Dr. Hemant Saha, Consultant Physician from Aga Khan University Hospital. The report confirmed that the subject was diagnosed with a major cerebrovascular accident (stroke)and as a result of the neurological deficits, she is currently dependent for all activities of daily living, and medically incapacitated. The subject lacks the physical ability and neurological capacity to understand, process or execute legal, financial, or administrative decisions. She further stated that the subject is unable to sign any documents, including those pertaining to the management or execution of her personal or estate matters. 6. The Court interviewed the subject, she introduced herself, she was aware that she was in Court, she was aware that her husband has made application to be appointed guardian and she consented to the application. Determination 7. 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. 8. 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 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. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5155/eng@2026-04-24 2
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9. 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. 10. In the circumstances, these are the orders of the Court that; a. ABS is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248). b. NPS is hereby appointed under Section 27 of the Mental Health Act as the Guardian of ABS. c. NPS is hereby appointed manager of the estate of ABS 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 NPS shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging ABS. e. In 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 ABS. f. As Manager of the Estate of the ABS, the Petitioner may dispose of the property only with the sanction of the Court. g. The matter will be mentioned before Deputy Registrar on 9th 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 24TH DAY OF APRIL, 2026. P. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant Mungu for Petitioner https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5155/eng@2026-04-24 3
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