In re LGM (Subject) (Miscellaneous Case E007 of 2026) [2026] KEHC 13115 (KLR) (14 July 2026) (Judgment) Neutral citation: [2026] KEHC 13115 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA MISCELLANEOUS CASE E007 OF 2026 DK RONO, J JULY 14, 2026 IN THE MATTER OF SECTION 26 AND 28 OF THE MENTAL HEALTH ACT CAP 248 OF THE LAWS OF KENYA IN THE MATTER OF AN APPLICATION BY JOSYLINE GAKII GITONGA TO BE APPOINTED GUARDIAN AND MANAGER OF THE ESTATE OF LILIAN GATAKAA MURUNGI (SUBJECT) JUDGMENT 1. By Petition dated 1st July 2026, the Petitioner herein, JGG , seeks to be appointed guardian of the subject LGM, whom she submits is a person suffering from a mental disorder as defined under the Mental Health Act. 2. The Petitioner is the sister of the subject, born of the same mother and father as alluded to by the Chief Kiroo Sub-location in Chogoria, and that the Subject's parents have since passed away 3. The Petitioner in her supporting affidavit states that the subject in the year 2006 developed a mental disorder which has since degenerated to schizophrenia. 4. It is her evidence she states that the Subject’s condition caused complications in her speech articulation, memory retention, physical orientation, coherence and cognitive functions. Therefore, she is unable to take care of herself, manage her affairs or make independent decisions. 5. The Petitioner has availed a medical report by Eric Bundi, a clinical Psychiatrist, dated 8 July 2026; the report concludes by stating ‘she is not able to make sound decisions when required hence he may require assistance and that she ought to continue treatment and follow up in psychiatric clinic. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13115/eng@2026-07-14 1
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Determination 6. The provisions of the Mental Health Act ensure that individuals who suffer from mental illness are well cared for and their estates are properly handled. The Mental Health Act, at Section 2G, provides that: 1. The court may make orders; a. for the management of the estate of any person suffering from mental disorder; and b. for the guardianship of any person suffering from mental disorder by any near relative or by any other suitable person. 2. Where there is no known relative or other suitable person, the court may order that the Public Trustee be appointed manager of the estate and guardian of any such person. 3. Whereupon inquiry it is found that the person to whom the inquiry relates is suffering from mental disorder to such an extent as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others or likely to act in a manner offensive to public decency, the court may make such orders as it may think fit for the management of the estate of such person, including proper provision for his maintenance and for the maintenance of such members of his family as are dependent upon him for maintenance, but need not, in such case, make any order as to the custody of the person suffering from mental disorder. 7. I am satisfied by the medical report submitted that the subject is not in a proper mental position to take care of her affairs and her welfare. 8. It is in the subject's best interest that the Applicant is appointed as her legal guardian and manager of her estate so that she can be able to execute the duties of Administrator in the estate of LGM. 9. In the circumstances, the Court is satisfied of the subject's condition and circumstances and holds as follows: i. LGM is hereby declared as suffering from a mental disorder under Section 2G of the Mental Health Act (Cap 248). ii. JGG is hereby appointed under Section 27 of the Mental Health Act as the Manager of the estate of LGM iii. JGG is hereby appointed manager of the estate of LGM under Section 28 of the Mental Health Act to manage her estate, including any such description of moveable or immoveable property, money, debts and legacies, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property or giving a right to receive any money or goods. iv. Pursuant to this appointment, the Petitioner shall deliver to court and the Public Trustee, within 6 months, an inventory of the property belonging to LGM https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13115/eng@2026-07-14 2
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v. In accordance with Section 27(4) of the Mental Health Act, 2022, the Petitioner shall cause within 30 days the publication of notice in the Gazette, informing the public of her appointment as the manager of the estate of LGM vi. As Manager of the Estate of LGM, the Petitioner may dispose of the property only with the sanction of the court. vii. The matter will be mentioned before the court on 16th September 2026 to confirm compliance. viii. Costs to be met out of the Estate of the Subject. DELIVERED, SIGNED & DATED AT MERU THIS 14th DAY OF JULY, 2026 DK RONO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13115/eng@2026-07-14 3
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