High Court 5909 of 2026

3. Ms Awino averred that due to the patient’s continued stay in the hospital, medical bills had accrued. As at 28th January 2026, the same was Kes 4,399,402, which sum continued to grow. In support of this, an invoice from Panday Memorial Hospital dated 28th January 2026 was annexed. The applicant contended that there was an urgent need for her to be appointed as a guardian ad litem so that she could access his accounts, pay medical bills, care and maintenance costs, and take care of the needs of the children who are still minors. 4. Ms Awino stated that the patient has an account number 000XXXX with the DTB Bank. The applicant averred that unless the application and the petition were allowed and the orders sought granted, the estate may be exposed to waste, to his great detriment, thereby causing the husband, the patient herein, irreparable harm. 5. The applicant attached a letter from the chief of Jomvu Sublocation dated 9th February 2026, indicating that she was the spouse of the patient, the birth certificates of the children, a report dated 4th February 2026 written by Dr Rishad AS, the attending physician at Pandya Memorial Hospital, and a bill showing that Kes 4,399,402 was owed by the patient as at 28th January 2026, among other documents. 6. I considered the application on 19th February 2026 and approved it in terms of prayer 2, permitting the applicant to file a petition, and in terms of prayer 3, by deeming the attached petition as duly filed. I scheduled the matter for a hearing on 25th February 2026. I directed that the petitioner and Dr Rishad appear before me for the hearing on 25th February 2026. The matter was heard on that date, and two witnesses appeared before me. I will summarize their evidence below. 7. Ms Awino adopted her affidavit, sworn on 12th February 2026, as her evidence in chief. She stated that her husband fell in the bathroom. He was rushed to Pandya Memorial Hospital, where he had been receiving treatment for three months as of the date of the hearing. She testified that the patient cannot talk or breathe on his own and uses a tube for breathing. She also said she wishes to access her husband’s account to pay medical bills and support the children. 8. Dr Rishad Ali Shosi was the second witness. He testified that he is a nephrologist practising medicine at Pandya Memorial Hospital in Mombasa. He stated that he has been treating the patient for six years. Mr Halowe had been undergoing dialysis for three years prior to the accident. The patient suffered a traumatic head injury on the day he came for dialysis, resulting in a subdural hematoma and neurological impairment. Although the patient retained some cognitive ability, he could neither speak nor perform independent functions such as managing his finances. He recommended that his wife be appointed as a guardian ad litem and manager of his estate, so that she could settle hospital bills and be released for home care. 9. I have considered the pleadings, the documentary evidence, and the oral testimonies of the witnesses. In my view, the issues I need to determine are:- 10. 1. Whether the patient suffers from mental illness? and 2. If so, what order should be issued? Appointment of a manager of the estate of a person with mental illness is made under section 27 of the Mental Health Act, as amended in 2022. A manager’s duty is to safeguard the property of the Ward. The appointment of a Manager must be published in the Kenya Gazette (section 27(4) of the said Act). https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5909/eng@2026-03-04 2

page 2 of 4

Any person with probable cause may object to the appointment within 14 days of the publication of the notice. Section 28 (4) of the said Act provides that:“ a manager shall perform the manager’s duty under this Act responsibly, taking into account the best interests of the estate of the person suffering from mental illness.” 11. Under the Mental Health Act, the application for administration may be made by a “supporter” or “representative” of the person with mental illness, in that order. Although the Petitioner is not a “supporter” of the Ward, as she wasn't appointed in writing, it is my finding that, being the Ward’s wife, she is his “representative” within the meaning of the Act and, therefore, has the locus to file the instant petition. 12. In re CWN (a person suffering from mental disorders) [2022]eKLR the Court stated that:“ The Petitioners have sought to be declared as guardians and managers of the patient. To merit the above orders, the petitioners must adduce evidence sufficient to satisfy the Court, firstly that the patient is a person suffering from a mental disorder under the Mental Health Act and secondly that the patient is incapable of managing her own affairs.” 13. I would add that the third test is whether the application is in the patient's best interest. People with mental illnesses have diminished capacities to manage their affairs, analogous to those of children. Therefore, the court must ensure the application was filed in the patient's interest. Additionally, the court's orders must be designed to achieve this goal. 14. The evidence adduced shows that JOH suffered a traumatic head injury and that he is presently unable to talk or manage his affairs. Dr Rishad was categorical that the patient requires help to manage his affairs as he cannot do so himself. He has a very diminished cognitive ability. Given the findings of the said doctor and his present situation, it is my view that the Ward suffers from a mental illness. 15. The Petitioners averred that the Ward has assets, including and not limited to his DTB Bank account number 000XXXX, as well as his movable and immovable properties. As a successful businessman, I am convinced, based on the available evidence, that the Ward has substantial assets. Treatment of mental illnesses is expensive. Being ill, the Ward may not appreciate the need for treatment or be able to manage the treatment regimen. The appointment of the Petitioner as the Ward's guardians ad litem and manager will enable her to access the Ward's funds, thereby allowing her to pay for nursing care and medication. 16. The Petitioner’s testimony and the medical professional’s report indicate that the patient cannot manage his affairs. Therefore, it is in his best interest to appoint a manager to administer his estate. The manager and guardian ad litem will ensure he receives the most appropriate care, that his estate is not wasted or lost, and that his interests are safeguarded. 17. I am therefore satisfied that a case has been made for the appointment of DA as the manager of the estate of the patient and guardian ad litem of JOH. I therefore order and direct as follows: a. The applicant, DA, is hereby appointed as the manager of the estate of JOH and the guardian ad litem of his person; b. The said manager and guardian ad litem shall manage the estate of the patient, including and not limited to his DTB Bank account number 000XXXX, as well as his movable and immovable properties, in the best interest of the patient. She shall, however, not have the right https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5909/eng@2026-03-04 3

page 3 of 4

to sell, charge or otherwise alienate the immovable property of the patient without the leave of the court; 18. c. Pursuant to section 27 (4) of the Mental Health Act, the appointment of the manager and the guardian ad litem shall be published in the Kenya Gazette by the Court; d. The manager and guardian ad litem shall file an inventory and or statement of account of the estate of the patient within 6 months of the date of her appointment; and e. I make no orders as to costs, as this is a non-contentious matter. It is so ordered. DATED AND SIGNED AT MOMBASA, THIS 4TH DAY OF MARCH 2026. DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS. GREGORY MUTAI JUDGE In the presence of: Ms Atsanga, holding brief for Ms Osewe, for the Applicant; and Ms Bancy – Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5909/eng@2026-03-04 4

page 4 of 4