In re SKN (Miscellaneous Civil Application E014 of 2026) [2026] KEHC 5207 (KLR) (Civ) (24 April 2026) (Judgment) Neutral citation: [2026] KEHC 5207 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS CIVIL APPLICATION E014 OF 2026 PM NYAUNDI, J APRIL 24, 2026 PETITION (UNDER THE MENTAL HEALTH ACT) NO. 15 OF 2020 IN THE MATTER OF S KNJ (A PERSON LABORING UNDER A MENTAL DISORDER) AND IN THE MATTER OF AN APPLICATION BY CMK TO BE APPOINTED AS A GUARDIAN OVER THE AFFAIRS OF THE ESTATE OF SKN AND IN THE MATTER OF SECTION 26 & 28 OF THE MENTAL HEALTH ACT JUDGMENT 1. The Petitioner filed an application dated 9th December 2025, supported by her affidavit seeking that:a. This Honourable Court be pleased to declare SKNM as a person suffering from a mental disorder under the Mental Health Act, Cap 248. b. The Petitioner CMK, is seeking the Grant of Guardianship over the affairs of the said SKNM (a person suffering from a mental disorder) on the ground that I intend to testify on his behalf in Ruiru MCL& E 112 Of 2024; SKNM & Jupiland Properties Company Ltd v State Law & JMK. 2. The Petition was canvassed by way of viva voce evidence on 19th March, 2026. CMK (Petitioner herein) mother to the subject. 3. The Petitioner is a Lecturer at [Particulars Withheld] Nairobi living in Kasarani, Nairobi County. She is married to PN whom with, they have been blessed with four children and the subject being the 1st born son. 4. The subject is 46 years a person with disability, he has been under treatment since August, 2025 and has been under strong medication ever since. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5207/eng@2026-04-24 1
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5. That the Grant of Guardianship is only limited for the purposes of prosecuting the aforementioned suit with the subject matter being property belonging to the Estate of the aforesaid SKNM. 6. Subsequently, the subject is unable to manage his affairs. Sometimes has psychiatric episodes and that the subject’s property is at risk prompting the petitioner to take over the matter. 7. That the Petitioner will faithfully administer according to the Law all the Estate of SKNM (a person suffering from a mental disorder) 8. That the consent from the Subject’s father PN was also obtained both orally and in writing. 9. The Petition is supported by a Report dated 14th November, 2025 from Dr. Linet Kendi, a Consultant Psychiatrist. The report confirmed that the subject was diagnosed with chronic mental illness characterized by periods of remission and recurrent fiare-ups. Based on his chronic mental health condition, it is therefore necessary that the Petitioner be appointed as the subject’s guardian to enable her take care of the subject’s day to day affairs. 10. The Court interviewed the subject who was coherent, understanding the application and consents to appointment of the Petitioner. 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 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 Applicant is best placed to provide adequate care to the subject and ensure his wellbeing. 13. It is in the subject's best interest that the Petitioner is appointed as his personal representative to ensure that funds are available for his upkeep and further medical attention in the future as well as preserve his estate. 14. In the circumstances, these are the orders of the Court that; a. SKNM is hereby declared as suffering from a mental disorder under Section 26 of the Mental Health Act (Cap 248). https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5207/eng@2026-04-24 2
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b. CMK is hereby appointed under Section 27 of the Mental Health Act as the Guardian of SKNM c. CMK is hereby appointed manager of the estate of SKNM under Section 28 of Mental Health Act to manage his 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 CMK shall deliver to Court and the Public Trustee, within 6 months, an inventory of the property belonging SKNM. e. In accordance with Section 27(4) of the Mental Health Act, 2022 the Applicant shall cause within 30 days the publication of notice in the Gazette, informing the public of her appointment as the manager of the estate of SKNM f. As Manager of the Estate of the SKNM, the Petitioner may dispose of the property only with the sanction of the Court. g. The matter will be mentioned before court on 10th 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 No appearance by parties https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5207/eng@2026-04-24 3
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