In re PMM (Patient) (Family Miscellaneous Civil Case E002 of 2026) [2026] KEHC 7213 (KLR) (20 May 2026) (Judgment) Neutral citation: [2026] KEHC 7213 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAHURURU FAMILY MISCELLANEOUS CIVIL CASE E002 OF 2026 LN MUTENDE, J MAY 20, 2026 IN THE MATTER OF CUSTODY, MANAGEMENT AND APPOINTMENT OF GUARDIAN AND ESTATE MANAGER OVER P. M. M. (PATIENT)AND IN THE MATTER OF MENTAL HEALTH ACT CAP 248 LAWS OF KENYA IN THE MATTER OF JWW ......................................................................................................... PETITIONER JUDGMENT 1. 2. J.W.W, the Petitioner approached the court through a Petition dated 19.3.2026 seeking orders as follows; a. That this Honourable Court do issue a Declaration that P. M. M. the patient herein 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. That J. W. W. be appointed as the legal guardian and estate manager of P. M. M. and his estate as provided under Section 26, 27 and 28 of the Mental Health Act 248 Laws of Kenya. c. That J. W. W. be granted access to funds held by the patient P. M. M. and to have general powers to withdraw funds from bank accounts at Co-operative Bank Account No 011XXX00 and at Mwalimu Sacco Account No 30XXX02 to pay his medical bills and attend to his personal needs, medication and general upkeep. d. Any other reliefs that the honourable court may deem fit or just to grant. The grounds upon which the petition is based are that the subject PMM suffered a stroke from a sudden illness which resulted into significant physical and functional impairment and is currently bedridden and unable to talk or walk. He has been receiving treatment at Mwai Kibaki Hospital where he was admitted from 4.12.2025 to 22.12.2025 but the condition didn’t improve hence on 9.3.2026 he was advised to seek specialized treatment either at Nairobi or abroad. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7213/eng@2026-05-20 1
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3. That the subject requires specialized care while at home through a paid caregiver, he needs diapers wound dressing and medication which the petitioner who is a housewife cannot afford. 4. That their last-born son RK is a student at Daystar University and in need of school fees, rent and monthly upkeep. In seeking to be appointed as a guardian of the subject, the Petitioner who seeks to operate bank accounts held at the Co-operative Bank and Mwalimu Sacco has undertaken to manage the subject’s estate and affairs in his best interest. 5. The Petitioner deposed an affidavit in support of the Petition. Their children, AN and RK attached copies of their birth certificates and identification documents which established the fact of being the biological children of the subject and Petitioner. Both of them have consented to the Petitioner being appointed as a guardian and estate manager of the subject. 6. The subject who is confined to a wheelchair was produced in the virtual court and the court did establish that he is undisposed. Evidence of medical documents from Mwai Kibaki- KNH Annex where the subject was admitted, treated and discharged. I have also considered the report by the physiotherapist who notes that following the cerebrovascular event, the subject has developed severe mobility limitations and currently unable to walk independently. His speech has also been affected. 7. Section 26 of the Mental Health Act provides; An application for an order for the management and administration of the estate of a person with mental illness may be made to the court, in the following order of priority, by— 8. (a) a supporter of the person with mental illness; or (b) the representative of the person where the person with mental illness has not appointed a supporter. (2) ……. (3) ……. (4) …….. (5) …… (6) The court may, in order to have a report of the mental capacity and condition of such person in relation to whom the application is made, require the person to present themselves at a place and time appointed by the court, for the— (a) court to examine the person; or (b) person to be examined by a qualified registered mental health practitioner. Following my observation of the subject and guided by the medical reports and discharge summary, I find the application meritorious Accordingly, I order thus; a. The subject PMM be and is hereby declared a person suffering from mental disorder in terms of Section 2 of the Mental Health Act. b. The Petitioner, JWW, is appointed as the legal guardian and estate manager of PMM and his estate. c. The said guardian JWW is granted authority to access funds held by the subject PMM and to have general power to withdraw funds from bank Accounts No. 011XXX00 at the Co- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7213/eng@2026-05-20 2
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operative Bank and Account No 30XXX02, Mwalimu Sacco to pay medical bills and attend to his personal needs, medication and general upkeep. 9. No orders as to costs. 10. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 20TH DAY OF MAY, 2026. …………………… L.N. MUTENDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7213/eng@2026-05-20 3
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