High Court 6964 of 2026

e. That the petitioner be granted access to Kenya Women Microfinance Bank (KWFT) River Road Branch Account No.10xxxxxxx6 to pay the legal fees incurred in this petition in the sum of Kshs.50,000/= (Fifty Thousand Kenya Shillings only); f. The costs of this petition be borne by the Estate; g. Any other relief that the honourable court deems just and expedient. 2. At the hearing of the Petition, the Petitioner informed the Court that he is the son of RWT. He expressed that his intention in seeking guardianship is to secure his mother’s interests. 3. The Petition cites medical evidence from the Medical Doctors who have treated RWT, showing that she is not in a proper state to handle her own affairs or personal welfare. Her condition follows a diagnosis of brain atrophy dementia, a progressive mental illness, which has severely impaired cognitive functions, including memory, judgment, orientation and decision-making capacity. The situation has necessitated the Subject to be regularly taken into the hospital and has led to the engagement of a fulltime caregiver. 4. Treatment notes from the Janice Cholerton Medical & Cancer Hospital (Discharge Summary) and a Medical Report dated 18th March, 2026 by Dr I. Kanyanya, a Psychiatrist, were availed before the Court and duly received as evidence. The documents confirm the medical condition and that the Subject’s health continues to deteriorate progressively. 5. RWT was presented before the Court; she exhibited signs of being unwell. She was unable to communicate but appeared well cared for. She was accompanied by the Petitioner, her daughter, PWT, her son, JKT, and a caregiver, EW. The caregiver affirmed that RWT 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 RWT, as owing to her condition, she can no longer manage her affairs and those of her 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.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6964/eng@2026-05-14 2

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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 the capacity to manage her 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. 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. 14. Accordingly, for the reasons set out above, the Petition dated 11th March, 2026 is allowed in the following terms; a. The Subject RWT 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, HKT, as the guardian and manager in respect of RWT and grants her custody, care, and management of the Subject and her estate. c. As the manager of the estate of the Subject, he is authorized to access all her bank accounts, run her affairs, take and manage her properties, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities, as well as executing legally binding instruments on her behalf. d. The funds accessed shall be utilized exclusively for the benefit of the Subject. e. HKT 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 14TH DAY OF MAY, 2026. ……………………… C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Mr. Odeny Advocate for the Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6964/eng@2026-05-14 3

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