In re WPA (Miscellaneous Application E001 of 2026) [2026] KEHC 6008 (KLR) (6 May 2026) (Ruling) Neutral citation: [2026] KEHC 6008 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA MISCELLANEOUS APPLICATION E001 OF 2026 RPV WENDOH, J MAY 6, 2026 IN THE MATTER OF WILLIAM POGHISIO AREUTEUM …. (AN ADULT SUFFERING FROM MEANTAL DISORDER) AND IN THE MATTER OF AN APPLICATION BY TY TO BE APPOINTED AS GUARIDAN OVER MANAGEMENT OF THE ESTATE OF THE SWP IN THE MATTER OF TY ............................................................................................................... APPLICANT RULING 1. 2. This application dated 28/4/2026 is brought pursuant to section 2,26 and 28 of the Mental Health Act, Where the applicant, TY seeks these orders: 1. Spent…. 2. That WPA be adjudged a person suffering from mental disorder; 3. The applicant be appointed as Guardian over the affairs of the subject WP in accordance with the Mental Health Act with powers to sign, access, withdraw funds from Account No. 12XXXXX37 at Kapenguria, KCB Branch; and to carry out any acts incidental to the affairs of the subject in regard to the said account; 4. Costs to be in the cause. The application was premised on grounds found in the body of the application and affidavit of the applicant dated 28th April 2026 and further Affidavit of the applicant dated 5/5/2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6008/eng@2026-05-06 1
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3. The applicant is the wife of the subject as evidenced by an Affidavit of the applicant and subject dated 12/1/2026 and the Chief’s letter dated 23/3/2026 which identify the applicant as wife of the subject. 4. The applicant deponed that she has been the subject’s wife for over thirty five (35) years and they have nine (9) children; that the subject has been unwell and was admitted at Shalom Springs Hospital suffering from Ischemic; that he is incapacitated and unable to manage his personal and financial affairs; that the subject is a retired teacher and has funds held at KCB Bank Kapenguria; that the subject incurred a medical bill of Kshs.513,430/= at Shalom Hospital as per attached commitment form from the Hospital (TY-4). 5. That the applicant managed to pay Kshs.215,000/= leaving a balance of Kshs.150,000/= after SHA paid part of the bill. She depones that she is not able to access the subject’s account to get money to take care of the medical needs and that has necessitated this application. 6. I have considered the applicant’s Affidavits in support and annextures thereto. 7. The applicant’s six (6) children signed a consent form and appeared in court i.e 1. JLR 2. OR 3. IP 4. EK 5. JT 6. MC 8. They have no objection to the application. Three other younger children are said to be away in college and in school. 9. A medical report authored by Dr. Obalah Godfrey of Shalom Springs Hospital, dated 5/5/2026 indicates that the patient is not mentally and physically able to carry out his activities of daily living and requires support after suffering a stroke in February, 2026 10. Guided by the Doctors report and their being no objection to the application by the applicant’s adult children, I hereby grant the application as prayed at prayer two and three. Costs to be in the cause. RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAPENGURIA ON THIS 6TH DAY OF MAY, 2026. R. WENDOH JUDGE In the Presence of:Mr. Lokeer for the Applicants Juma/Hellen-Court Assistants https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6008/eng@2026-05-06 2
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