In re MN (Ward) (Miscellaneous Application E146 of 2026) [2026] KEHC 7609 (KLR) (Civ) (4 June 2026) (Judgment) Neutral citation: [2026] KEHC 7609 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) CIVIL MISCELLANEOUS APPLICATION E146 OF 2026 HK CHEMITEI, J JUNE 4, 2026 IN THE MATTER OF MN (WARD) IN THE MATTER OF KWM .................................................................................................. 1ST PETITIONER MNM ................................................................................................. 2ND PETITIONER JUDGMENT 1. The Petition dated 20th April 2026 seeks orders that: (a) The Court be pleased to declare that MN is suffering from mental disorder (dementia) within the meaning of Section 26 of the Mental Health Act Cap 248 Laws of Kenya and is incapable of managing his affairs. (b) The Court be pleased to appoint KWM and MNM as the legal guardians and managers of the Ward. (c) The guardians be authorised to manage his estate including movable and immovable property including land parcel number Nairobi/Block 4X/XXX measuring 2.5 hectares for the benefit and maintenance of the ward. 2. The application is based on the joint sworn affidavit dated 20th April 2026 and the annexures thereto. 3. When the matter came up for hearing on 6th May 2026 the parties appeared online and the Court was well able to see them including the Ward who was lying on his bed. 4. The parties confirmed that the Ward was their father and has been unwell for a while. 5. The Court has perused also the supporting medical reports prepared at Kenyatta National Hospital by Doctor V.C.A Okech which summarily gives a chronology of the Ward’s medical conditions. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7609/eng@2026-06-04 1
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6. In the premises I find the petition meritorious and hereby allow the same as prayed. 7. The Petitioners must strictly comply with all the provisions of Cap 248 Laws of Kenya and ensure the estate is managed accordingly. 8. Costs in the cause. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 4TH DAY OF JUNE 2026. H K CHEMITEI JUDGE, FCIArb https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7609/eng@2026-06-04 2
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