High Court 5232 of 2026

conditions that now prevent him from managing his daily affairs. She told the Court that she has been covering his medical expenses and supporting the family, with help from their children. 4. The Petitioner avers that she requires a Court order authorizing her to deal with the succession matter for his father’s estate and also conversion of their matrimonial property so that it is properly registered under the Land Registration Act. She states that in the succession matter and the conversation of the matrimonial property, her husband’s signature will be required. That the properties that will be distributed to the Petitioner’s husband under the succession matter will be registered in his name and the matrimonial property will even after conversion be still registered in both their names. Issues: 5. 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 Petitioner should be appointed manager of the estate of the Subject as prayed. Analysis: 6. The Petitioner seeks to be appointed manager of the affairs of Mr. M to ensure his interests as a beneficiary in his father’s succession are taken care of. Owing to his illness, he can no longer manage his affairs. Whether the Subject should be declared as sufiering from mental ilness pursuant to the Mental Health Act, Cap 248 7. 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 suffering from mental illness” as follows: “ person suffering from mental illness” means a person who has been found to be so suffering under this Act and includes a person diagnosed as psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse.” 8. The Court has noted the medical documentation presented in the petition indicating a diagnosis of dementia, hypertension, tracheostomy in situ, peg tubing in situ, adenocarcinoma of the colon, anaemia due to bleeding from colon cancer, convulsions, and need for continuous oxygen. The Subject was also presented on the online platform and was unresponsive, appearing visibly unwell. 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 manager of the estate of the Subject 9. The Petitioner urges the Court to appoint her as manager for the Subject’s estate and/or affairs. The petition is unopposed. 10. The Subject and the Petitioner’s two children attended the hearing and confirmed their father’s state of health and their consent to their mother being appointed as guardian and manager. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5232/eng@2026-04-20 2

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11. The primary object of proceedings under the Mental Health Act is given under the general statement of the Act in its long title as “ An Act of Parliament to provide for the prevention of mental illness, to provide for the care, treatment and rehabilitation of persons with mental illness; to provide for procedures of admission, treatment and general management of persons with mental illness; and for connected purposes” 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. It is also noted that the Court in In re BWG (Mental) [2021] eKLR (Muchemi J.) allowed an application for legal guardian for a Subject who suffered from acute dementia and hypertension and held; “ I am satisfied that the applicant has established that the Subject is unable to manage her affairs both physically and mentally and that she suffers from acute dementia, hypertension and other ailments. Being a daughter of the Subject, the applicant is a close relative thus satisfying the requirement of the Mental Health Act. She is also mentally, physically and financially able to provide for her mother and to take care of her.” 14. The court is satisfied of the close relation of the Petitioner to the Subject as his wife, and that the prayers sought in this petition are deserved and should be granted. 15. The applicant is, of course, Subject to the accounting requirements placed on managers under section 33 of the Mental Health Act Mental for periodic inventory and account by the persons appointed managers in terms of section 33 of the Health Act, which provides as follows: “ 33. Manager to furnish inventory and annual accounts 1. Every person appointed by the court to be manager of the estate of a person under this Part shall, within six months of the date of his appointment, deliver to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) an inventory of the property belonging to the person of whose estate he has been appointed manager and all such sums of money, goods and effects as he receives on account of the estate, together with a statement of all debts owed by or due to such person, and every such manager shall furnish to the court and to the Public Trustee (to whom he shall pay such fee as may be prescribed) annually, within three months of the 31st December, an account of the property in his charge showing the sums received and disbursed on account of the estate during the year and the balance; such inventory, statement and account shall be in the prescribed form. 2. Any person may, on payment of such fee as may be prescribed, inspect and obtain a copy of any inventory, statement or account https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5232/eng@2026-04-20 3

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delivered to the court and to the public trustee under subsection (1). 3. The Public Trustee shall report to the Minister annually on all accounts delivered to him under subsection (2). 4. Where any person, by petition to the court, impugns the accuracy of any inventory or statement or of any annual account made under this section, the court may summon the manager and inquire summarily into the matter, and make such order as it thinks proper or the court may refer the petition to a magistrate having jurisdiction in the place where the property belonging to the estate concerned is situated, for inquiry and report, and upon receipt of the magistrate’s report the court may make such order as it thinks fit.” Orders: 16. Accordingly, for the reasons set out above, the petition dated 31st March, 2026 is allowed in terms that: a. That the Subject, FKM is declared as a person suffering from mental illness as defined in the Mental Health Act Cap 248, Laws of Kenya. b. The Petitioner, IWM, is appointed as the legal guardian of the Subject. c. The Petitioner is appointed the manager of his estate with the powers to: d. 17. i. Represent the Subject’s interests in his father’s succession concerning his estate, noting the information that his two brothers plan to file probate and distribute the assets among the family members. ii. Manage the matrimonial property known as Land Reference No. 2XXXX/46 registered in both the names of the Petitioner and the Subject, in terms of its conversion from being registered under the repealed Act- Registration of Titles Act to being in line with the current legislation- The Land Registration Act. In accordance with section 33 of the Mental Health Act, the Petitioners shall, as the manager, within six (6) months from today and annually, respectively, render an inventory of assets and an account of dealings therewith to the Court and the Public Trustee, being a full and accurate inventory of assets and account of their dealings with the estate of the Subject herein for further orders, as appropriate. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 20TH DAY OF APRIL, 2026. C. KENDAGOR JUDGE In the presence of: Court Assistant - Beryl https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5232/eng@2026-04-20 4

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