In re GNM (Miscellaneous Case E136 of 2026) [2026] KEHC 5164 (KLR) (14 April 2026) (Ruling) Neutral citation: [2026] KEHC 5164 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) MISCELLANEOUS CASE E136 OF 2026 CJ KENDAGOR, J APRIL 14, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA IN THE MATTER OF GNM IN THE MATTER OF DWS .................................................................................................... 1ST PETITIONER JN ....................................................................................................... 2ND PETITIONER RULING 1. The Petitioners filed a Chamber Summons dated 09th April, 2026 seeking the following orders: a. That the application be certified as urgent and service of the same be dispensed with and the application be heard ex-parte in the first instance; b. That the petitioners be appointed as the managers of GNM’s (hereinafter referred to as the Subject) estate in accordance with the Mental Health Act Cap. 248 Laws of Kenya which includes any such description of immoveable or movable property, with power to execute all deeds and instruments relating to or evidencing the title or right to any property or right to receive any money or goods as well as to carry out other incidental and general functions in relation to the estate; c. That pending the hearing and determination of this application inter partes, this honourable court be pleased to issue an interim order authorizing the petitioners/applicants to access and utilize funds from the Subject’s following accounts for the sole purpose of settling her urgent medical expenses and related care costs: i. Cooperative Bank of Kenya Limited, Account Number 01XXXXXXXXX700 held at Webuye Branch; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5164/eng@2026-04-14 1
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d. ii. Kenya Commercial Bank Limited, Account Number 11XXXXXXX22 held at Webuye Branch; iii. The M-pesa account registered to the Mobile Phone Number 07XXXXXX32. That the petitioners be appointed as guardians jointly and severally in respect of the Subject. 2. At the hearing of the application, the Petitioners notified the Court that their mother, the Subject, was hospitalized and hence emphasized the urgency of the application. 3. The Petitioners expressed that their intention in seeking guardianship is to act in their mother’s best interests. 4. They informed the Court that they have reason to believe that the bank accounts they are seeking to access hold funds that can be used to meet the Subject’s medical costs. 5. Treatment notes from Nairobi Hospital were placed before the Court and duly received as evidence. The documents confirm that the Subject underwent surgery and is in hospital receiving treatment. 6. The Subject, GNM, was presented before the Court via the Teams Platform. She exhibited signs of being unwell. She was in the hospital and in the company of the 1st Petitioner. Issues: 7. The Court has considered the application and the evidence on record. The issue for determination before this Court are as follows: i. Whether the Petitioners should be appointed guardians and managers of the estate of the subject as prayed. Analysis: 8. The Petitioners seek to be appointed as guardians and managers of the afiairs and estate of GNM, as owing to her condition, she can no longer manage her afiairs and those of her estate. 9. 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 unable to manage her afiairs and those of her estate. 10. The Petitioners emphasized that the matter was urgent, noting that funds were urgently needed for the ongoing treatment. 11. In re Application on Behalf of PNM (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.” 12. The Court is satisfied of the close relation of the Petitioners to the subject as her son and daughter respectively, and that the prayers sought in this application are deserved and should be granted. Orders: 13. Accordingly, for the reasons set out above, the application dated 09th April, 2026 is allowed in the following terms; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5164/eng@2026-04-14 2
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a. The Court appoints the Petitioners, DWM and JN, as the guardians and managers in respect of GNM and grants them custody, care, and management of the subject and her estate. b. As managers of the estate of the Subject, they have powers to run her afiairs, including but not limited to operating her bank accounts - i. Cooperative Bank of Kenya, Webuye Branch A/C No. 01XXXXXXXXX700; ii. Kenya Commercial Bank, Webuye Branch, A/C No. 11XXXXXXX22; iii. M-pesa Account – 07XXXXXX32; and her investment portfolios, as well as executing legally binding instruments on her behalf. c. All funds or assets due to her estate shall be used solely for the benefit of the Subject. d. The Petitioners 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 14TH DAY OF APRIL, 2026. ……………………….. C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5164/eng@2026-04-14 3
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