In re SAA (Miscellaneous Case E098 of 2026) [2026] KEHC 6531 (KLR) (Family) (11 May 2026) (Judgment) Neutral citation: [2026] KEHC 6531 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY MISCELLANEOUS CASE E098 OF 2026 CJ KENDAGOR, J MAY 11, 2026 IN THE MATTER OF SAA (A PERSON SUFFERING FROM MENTAL ILLNESS) IN THE MATTER OF BGM .......................................................................................................... PETITIONER JUDGMENT 1. The Petitioner filed a Petition dated 11th March, 2026 seeking the following orders: a. That this honourable Court be pleased to declare and adjudge SAA 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. b. That this honourable Court be pleased to appoint BGM as the guardian of the affairs of SAA and manager of his estate in accordance with the provisions of the Mental Health Act; c. That upon such appointment, the BGM, as guardian and manager of the estate of the Subject, be authorized to take charge of and manage the properties of SSAA, to receive his retirement benefits from Aga Khan University Hospital, to execute all necessary official instruments and documents, and to undertake any other incidental, ancillary or general acts required for the proper discharge of these responsibilities. d. The costs of this petition be provided for. 2. At the hearing of the Petition, the Petitioner informed the Court that she is the spouse of SAA. A copy of the marriage certificate was annexed to the pleadings. She expressed that her intention in seeking guardianship is to secure her husband’s interests. 3. The Petition cites medical evidence from the Medical Doctors who have treated SSAA, showing that he is not in a proper state to handle his own affairs or personal welfare. His condition follows a diagnosis https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6531/eng@2026-05-11 1
page 1 of 3
of acute brainstem ischemic stroke, leading to locked-in syndrome, which culminated in his admission to The Aga Khan University Hospital for 5 weeks. 4. Treatment notes from the Aga Khan Hospital were availed before the Court and duly received as evidence. The documents confirm the medical condition as an acute brainstem ischemic stroke and that the Subject remains quadriplegic. 5. The documents also include correspondence from Aga Khan Hospital indicating that the Subject, who was its employee, had been retired on medical grounds. 6. SAA was presented before the Court; he exhibited signs of being unwell. He was able to communicate only through eye movements and nodding. He was accompanied by the Petitioner and a caregiver, MN. The caregiver affirmed that SAA is receiving appropriate care. Issues: 7. 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: 8. The Petitioner in her Petition seeks to be appointed as guardian and manager of the affairs and estate of SAA, 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 9. 10. 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.” 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 the capacity to manage his own affairs. Whether the Petitioner should be appointed as guardian and manager to the subject 11. The Petitioner emphasized that the matter was urgent, noting that the Subject needed medical attention and funds to cover home care services. 12. 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.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6531/eng@2026-05-11 2
page 2 of 3
13. 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: 14. 15. Accordingly, for the reasons set out above, the Petition dated 11th March, 2026 is allowed in the following terms; a. The Subject SAA is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act. b. The Court appoints the Petitioner, BGM, as the guardian and manager in respect of SAA 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, take and manage his properties, receive his retirement benefits from Aga Khan University Hospital, to execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her responsibilities, as well as executing legally binding instruments on his behalf. d. BGM 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. Orders accordingly. DATED AND SIGNED AT NAIROBI ON THIS 11TH DAY OF MAY, 2026. ……………………… C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6531/eng@2026-05-11 3
page 3 of 3