In re SMK (Family Miscellaneous Application E025 of 2025) [2026] KEHC 5911 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 5911 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT THIKA FAMILY MISCELLANEOUS APPLICATION E025 OF 2025 FN MUCHEMI, J APRIL 30, 2026 IN THE MATTER OF MENTAL HEALTH ACT CAP 248 LAWS OF KENYA AND IN THE MATTER OF SMK(A PERSON SUFFERING FROM MENTAL DISORDER) IN THE MATTER OF RNM ............................................................................................................ GUARDIAN RULING Brief Facts 1. The application for determination is dated 24th October 2025 seeking for orders of disposing LR. No. Gatamaiyu/Kamuchege/776 measuring approximately 3.6 acres for purposes of raising money to cater for the escalating medical expenses of the subject. The applicant is a guardian of the subject one SMK who was adjudged as suffering from mental illness in Family Misc. Application No. E107 of 2025. 2. The applicant states that on 16th April 2025, this Honourable Court issued a decree adjudging the subject to be a person suffering from a mental health disorder under Section 26 of the mental Health Act. The court granted the applicant orders of guardian ad litem and guardianship over the subject as well as manager of the subject’s estate on 3rd April 2025. The applicant avers that the subject’s health has gradually deteriorated necessitating her to incur additional expenses. The subject who is the spouse of the applicant states that the subject requires round the clock care and she has had to acquire the services of a professional care giver to assist her with the care and maintenance of the subject. Thus, the applicant states that it is in the interest of justice and in the best interests of the subject that she be allowed to dispose off LR No. Gatamaiyu/Kamuchege/776 that forms part of the estate of the subject in order to raise money for their subsistence and the subject’s personal care as well as meet the increasing medical expenses. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5911/eng@2026-04-30 1
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The Law 3. Vide application dated 18th September 2024 in Family Miscellaneous Case No. E107 of 2024, this Honourable Court on 3rd April 2025 declared the subject SMK suffering from a mental disorder as per Section 2 of the Metal act and further a medical condition contemplated under Section 26 of the Act and therefore incapable of managing his own affairs. The court further granted the applicant herein guardian ad litem and manager of the subject’s estate and sanctioned the applicant to dispose of LR. No. Gatamaiyu/Kamuchege/776 measuring approximately 3.6 acres for purposes of raising money to cater for the escalating medical expenses of the subject. 4. It is my view that having granted the applicant guardianship to the subject and management of the subject’s estate which included LR No. Gatamaiyu/Kamuchege/776 this court would be duplicating orders on this file that were given in HC Misc No.017/2025. It was also improper for the applicant to file a fresh application in the instant case. The conduct of the applicant is likely to lead to multiplicity of applications/suits which is likely to cause confusion and embarrassment in the administration of justice. 5. The orders granted by this court on 3rd April 2025 are sufficient in my view to meet the need of the subject and the applicant herein. Accordingly, the application dated 24th October 2025 is struck out for being res judicata. 6. Being an ex parte application, there shall be no order as to costs. 7. It is hereby so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT THIKA THIS 30TH DAY OF APRIL 2026. F. MUCHEMI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5911/eng@2026-04-30 2
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