In re RCK (Petition E003 of 2026) [2026] KEHC 5661 (KLR) (30 April 2026) (Judgment) Neutral citation: [2026] KEHC 5661 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MALINDI PETITION E003 OF 2026 M THANDE, J APRIL 30, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT AND IN THE MATTER OF RCK IN THE MATTER OF IDK ........................................................................................................... PETITIONER JUDGMENT 1. By a Petition dated 29.3.26, the Petitioner seeks to be appointed manager and guardian of RCK (the subject) to take over the entire management of his estate and in particular, the subject’s bank account so as to apply the proceeds thereof including his pension, to his care, medication and assistance for his daily activities. The Petitioner is the wife of the subject. 2. In her supporting affidavit, the Petitioner deponed that the subject has over a period developed a mental illness which has progressively impaired his cognitive judgment, memory and ability to make rational decisions, manage his personal and financial affairs. 3. The Petitioner further stated that the subject holds bank account number 04xxxx07, in Equity Bank, Kilifi branch, but that due to his present condition, he is unable to operate the same. The Petitioner thus seeks to be appointed legal guardian of the subject and to be granted access to his bank account for his upkeep. 4. In a medical report dated 3.2.26, Dr. Charles Mwangome a consultant psychiatrist of the Mental Health Clinic indicated that the subject was diagnosed with dementia in September 2024. He developed a memory problem in 2020 after a covid infection. He became forgetful with loss of recent memory, would get lost and even talk incoherently. Being severely demented, the subject cannot perform activities of daily living and depends on his wife. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5661/eng@2026-04-30 1
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5. The Court has considered the Petition, the supporting affidavit, the exhibited medical report, as well as counsel’s submissions. At the hearing, the Court heard the account of the Petitioner on the subject’s condition. The Court was also able to observe the subject and noted that he was in bed and seemed unaware of his surroundings. 6. From the material before the Court and the Court’s own observation, it is evident that the subject’s condition has rendered him incapable of managing his own affairs. 7. The Mental Health Act empowers the Court to make orders relating to a person suffering from mental disorder. Section 2 of the Mental Health Act defines a person suffering from mental disorder as follows: person suffering from mental disorder” means a person who has been found to be so suffering under this Act and includes a person diagnozed as a psychopathic person with mental illness and person suffering from mental impairment due to alcohol or substance abuse; 8. Section 26 of the Act requires the Court to make inquiry prior to making orders relating to a person suffering from mental disorder as follows: 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. 9. The Court has made inquiry and makes a finding that the subject is a person suffering from mental disorder and incapable of managing his own affairs. It is therefore necessary to make orders for the guardianship of the subject and for the management of his estate. 10. Under the Act, the Court may direct that the property of a person suffering from mental disorder be applied for such person’s maintenance or his family. The Petitioner stated that the subject is unable to operate his bank account and she seeks to access funds in the said account to cater for the subject’s upkeep and health care. 11. Section 29(1) of the Act provides: "Where it appears to the court that, having regard to the circumstances of a person who is suffering from mental disorder and of his family and any other relative circumstance, it is expedient that his property should be made available for his or their maintenance it may, instead of appointing a manager or, notwithstanding such appointment, order that https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5661/eng@2026-04-30 2
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the property or the proceeds thereof when realized be paid to such person as the court may think fit, to be applied for such maintenance." 12. Having considered the foregoing, my finding is that it is expedient that the funds in the subject’s bank account be made available to the Petitioner for the subject’s medical care, maintenance and upkeep. 13. WK, CK, CTK, GK, NK and KK, the subject’s children have all agreed that the Petitioner be appointed guardian of the subject and manager of his estate. Their consent dated 29.3.26 is on record. All save for WK were present at the hearing and affirmed their consent. In light of the foregoing, I am satisfied that the Petitioner is a fit and proper person to be appointed guardian over the subject and manager of his estate. 14. In the end, it is hereby ordered as follows: i. RCK is hereby adjudged to be a person suffering from mental disorder. ii. Irene Dzidza Kahindi is hereby appointed as guardian of RCK and manager of his estate for the purpose of making proper provision for his medical needs and maintenance. iii. Irene Dzidza Kahindi is hereby granted authority to operate the subject’s bank account number 04xxxx07, in Equity Bank, Kilifi branch for the purpose stated in ii) above. iv. Irene Dzidza Kahindi shall file accounts within the next 90 days and in default, the appointment made herein shall lapse. v. Mention for compliance on 30.7.26. vi. There shall be no order as to costs. DATED SIGNED AND DELIVERED IN MALINDI THIS 30TH DAY OF APRIL 2026 ............................ M. THANDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5661/eng@2026-04-30 3
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