In re FAHGN (Miscellaneous Case E093 of 2026) [2026] KEHC 6114 (KLR) (Family) (27 April 2026) (Judgment) Neutral citation: [2026] KEHC 6114 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY MISCELLANEOUS CASE E093 OF 2026 CJ KENDAGOR, J APRIL 27, 2026 IN THE MATTER OF SECTION 26,27 & 28 OFTHE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA IN THE MATTER OF FAHGN (A PERSON SUFFERING FROM INCAPACITY) IN THE MATTER OF ZFN ........................................................................................................... PETITIONER JUDGMENT 1. The Petitioner filed a Petition dated 27th February, 2026 seeking the following orders: a. That this honourable Court be pleased to declare and adjudge FAHGN to be a person suffering from a mental disorder within the meaning of Section 26 of the Mental Health Act (Cap. 248) Laws of Kenya, and incapable of managing her affairs; b. That this honourable Court be pleased to appoint ZFN as the legal guardian and manager of the estate of FAHGN pursuant to the provisions of the Mental Health Act; c. That upon such appointment, the ZFN, as guardian and manager of the estate of the Subject, be authorized to access the Bank Account No. 01XXXXXXX01 – Diamond Trust Bank of Kenya, Courtyard Branch, Nairobi, manage, sign, execute, operate, withdraw and generally deal with any property, funds, accounts or assets belonging to the Subject for purposes of her care, maintenance and welfare; d. That the appointed guardian and manager be authorized to transfer motor vehicle Registration No. KBX 9XXX to NFAN holder of Identity Card No. 1XXXXXXX8; e. The costs of this petition be provided for. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6114/eng@2026-04-27 1
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2. At the hearing of the Petition, the Petitioner informed the Court that she is the spouse of FAHGN. She expressed that her intention in seeking guardianship is to secure her husband’s interests. The Petition cites medical evidence from the Medical Doctors who have treated FAHGN, showing that he is not in a proper state to handle his own affairs or personal welfare. His condition follows injuries sustained in a fall that resulted in significant brain injuries, including a hemorrhage with subdural hematoma, and a frontal intra-parietal bleed on 14th July, 2022. He subsequently developed convulsions following the said fall. 3. Dr. Nadeem Sheikh, a Consultant cardiologist/physician from the Aga Khan Hospital, testified during the hearing that FAHGN has been undergoing treatment and rehabilitation following injuries sustained in the accident. He stated that the injuries had rendered the subject unable to live a normal life, as he requires support to manage his own affairs due to diminished speech and impaired memory. 4. Treatment notes from the Aga Khan Hospital were availed before the Court and duly received as evidence. The documents confirm the involvement in an accident (a fall). Neurological recovery is dependent on continued support and rehabilitation. 5. FAHGN was presented before the Court, he exhibited signs of being unwell. He was bedridden and accompanied by the Petitioner, his daughter, FTAN, son S and a caregiver, ML. The caregiver afirmed that FAHGN is receiving appropriate care. Issues 6. 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 applicant should be appointed guardian and manager of the estate of the subject as prayed. Analysis: 7. The Petitioner in her Petition seeks to be appointed as guardian and manager of the affairs and estate of FAHGN, as owing to his condition, he can no longer manage his affairs and those of his estate. Whether the subject should be declared as sufiering from mental illness pursuant to the Mental Health Act, Cap 248 8. 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 with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.” 9. The Court has noted the evidence and medical documentation presented in the Petition and observed the subject during the examination in Court. The Court is satisfied on the evidence presented that the Subject is a person suffering from a mental illness and lacks capacity to manage his own affairs. Whether the Petitioner should be appointed as guardian and manager to the subject 10. The Petitioner emphasized that the matter was urgent, noting that the Subject needed medical attention and funds to cover home care services. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6114/eng@2026-04-27 2
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11. 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.” 12. The Court is satisfied of the close relation of the Applicant to the Subject as his wife, and that the prayers sought in this Petition are deserved and should be granted. Orders: 13. Accordingly, for the reasons set out above, the Petition dated 27th February, 2026 is allowed in the following terms; a. The Subject FAHGN is declared to be a person suffering from a mental illness under the Mental Health Act. b. The Court appoints the Petitioner, ZFN, as the guardian and manager in respect of FAHGN and grants her custody, care, and management of the subject and his estate. c. As the manager of the estate of the Subject, she is authorized to run his affairs, including but not limited to operating his bank account A/C No. 01XXXXXXX01 and his investment portfolios, as well as executing legally binding instruments on his behalf. d. The manager is also authorized to transfer the Motor Vehicle KBX 9XXX to the Subject’s daughter- NFAN. e. ZFN shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the subject herein for further orders, as may be appropriate. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 27TH DAY OF APRIL, 2026. ……………………….. C. KENDAGOR JUDGE In the presence of: Court Assistant: Noel https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6114/eng@2026-04-27 3
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