In re BWM (Miscellaneous Petition E008 of 2026) [2026] KEHC 6782 (KLR) (18 May 2026) (Judgment) Neutral citation: [2026] KEHC 6782 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI MISCELLANEOUS PETITION E008 OF 2026 DKN MAGARE, J MAY 18, 2026 IN THE MATTER OF SECTION 26, 28, AND 42 OF THE MENTAL HEALTH ACT, CAP 248 LAWS OF KENYA AND IN THE MATTER OF BWM, AN ELDERLY PERSON SUFFERING FROM DEMENTIA; A PERSON SUFFERING, A MENTAL DISORDER AND IN THE MATTER OF AN APPLICATION BY HNM TO BE APPOINTED GUARDIAN AND MANAGER OVER THE AFFAIRS AND ESTATE OF BWM AND IN THE MATTER OF GUARDIANSHIP OF SUBJECT – BWM IN THE MATTER OF HNM ......................................................................................................... PETITIONER JUDGMENT 1. The petitioner sought for be appointed guardian and manager over the affairs and estate of BWM The main ground is that the subject has developed mental issues, that is dementia since 2021 2. The Applicant state that the subject has suffered mental disorder among other ailments noted in paragraphs 4-6 of the affidavit in support. The subject was brought to court and on a wheel chair he had no sense of presence and did not understand where he was. 3. I have perused the medical evidence for Dr. James JK Kamau of Mathari National Teaching Referral Hospital and I am satisfied that the subject cannot manage his own affairs. The area Chief from https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6782/eng@2026-05-18 1
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Ruthanji Location in Mûkûrwe’inî, has also confirmed the state of heirs. I therefore allow the application as follows: a. A declaration be and is hereby issued to the effect that BWM is a patient and a person suffering from mental disorder within the meaning of Section 2 of the Mental Health Act, Cap 248 Laws of Kenya. b. An order be and is hereby issued that the Petitioner HNM to have full custody and management over BWM and his estate as provided under Sections 26, 27 and 28 of the Mental Health Act Cap. 248 Laws of Kenya. c. An order is hereby issued that the Petitioners while acting as Guardians and Managers over the subject herein, operate accounts in her names. She is granted special powers as may become necessary to sue and/or defend any suit for and against the estate of the Subject herein and do all that the subject is lawfully entitled to do. d. Nevertheless, whereas the Guardian and Manager shall not sell or alienate the any parcel of land belonging to the deceased without a Court order issued before any transaction is carried out. Any disposal shall be null and void. e. No order as to costs. f. File is closed. DELIVERED, DATED AND SIGNED AT NYERI ON THIS 18TH DAY OF MAY, 2026. JUDGMENT IS DELIVERED THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM. KIZITO MAGARE JUDGE In the presence of: Petitioner Pro se. Court Assistant – Michael M. D. KIZITO, J. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6782/eng@2026-05-18 2
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