In re DR (Subject) (Family Miscellaneous Application E024 of 2025) [2026] KEHC 8851 (KLR) (17 June 2026) (Ruling) Neutral citation: [2026] KEHC 8851 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPSABET FAMILY MISCELLANEOUS APPLICATION E024 OF 2025 OA SEWE, J JUNE 17, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT, 2022 AND IN THE MATTER OF DR (SUBJECT) AND IN THE MATTER OF AN APPLICATION FOR APPOINTMENT OF A MANAGER UNDER SECTION 27 OF THE MENTAL HEALTH ACT IN THE MATTER OF MCR ........................................................................................................... APPLICANT RULING 1. The Notice of Motion dated 24th October 2025 was filed by MCR pursuant to Sections 2A, 2B, 3E, 3G of the Mental Health Act (Cap 248) for orders that: (a) Spent (b) The Court be pleased to declare DR as a person suffering from mental illness within the meaning of the Mental Health Amendment Act, 2022 and a person with disabilities as defined in the Persons with Disabilities Act and therefore incapable of managing his affairs. (c) That the Court be pleased to appoint MCR as the guardian of the said DR to manage his affairs. (d) That the Court be pleased to grant the applicant authority to manage, collect, utilize and account for income, assets and properties belonging to the said DR strictly for his care, welfare and medical needs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8851/eng@2026-06-17 1
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(e) That the Court be pleased to grant the applicant authority to access manage and make decisions regarding the estate, medical care and general welfare of DR. (f) The costs of the application be borne by the respondent. 2. The application was predicated on the grounds that the subject, DR, is a person living with mental disability, having been diagnosed as such in 2007 and is currently on home-based care with frequent hospital visits for monitoring and follow-up. The application was supported by the affidavit of the applicant, sworn on 24th October 2025 in which she averred that she is the wife of the subject; and that he was working as a nurse for the County Government of Nandi when he was diagnosed with mental illness. The applicant further averred that the subject has been receiving treatment at Moi Teaching and Referral Hospital from time to time, while under home-based care. 3. The applicant annexed several documents to her affidavit in support of her application, including copies of their Certificate of Marriage, the subject’s Pay Slips, the subject’s Disability Registration Certificate and a Medical Report from Moi Teaching and Referral Hospital. She undertook to act diligently and in the best interest of the subject and to provide accounts as may be required by the Court. 4. Having considered the application in the light of the averments set out in the Supporting Affidavit as well as the documents exhibited by the applicant, I am satisfied that the applicant has given justifiable cause for her appointment as the guardian for the subject, DR. Since a Certificate of Disability has already been issued in respect of the subject no further order is required in that regard. 5. Accordingly, the Notice of Motion dated 24th October 2025 is hereby allowed and orders granted as follows: (a) That the applicant, MCR, be and is hereby appointed as the Manager of the estate of the said DR with full authority to manage his affairs. (b) That the applicant, MCR, be and is hereby granted authority to manage, collect, utilize and account for income, assets and properties belonging to the subject, DR, strictly for his care, welfare and medical needs. (c) That the applicant be and is hereby granted authority to access, manage and make decisions regarding the estate, medical care and general welfare of the subject, DR. (d) There be no order as to costs. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT KAPSABET THIS 17TH DAY OF JUNE 2026 ……………………………… HON. OLGA SEWE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8851/eng@2026-06-17 2
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