https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10471
The court was satisfied, on the basis of the supporting affidavit, medical documents, professional analysis, and unanimous family consent, that the petition met the threshold for declaration of mental disorder and for the consequential management orders sought.
Source-derived case information.
- Citation
- [2026] KEHC 10471 (KLR)
- Parties
- 1st Petitioner: Dr HNR; 2nd Petitioner: WMR; Ward: PBR (Ward)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E165 of 2026
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Petition allowed as prayed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Declaration of Mental Disorder, Wardship, Management of Affairs, Access to Bank Account, Consent of Family Members
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr HNR
1st Petitioner
WMR
2nd Petitioner
PBR (Ward)
Ward
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Ward should be declared a person suffering from mental disorder under section 26 of Cap 248.
- 2 Whether the Applicants should be allowed to manage the Ward's immovable properties and access her bank account.
Ratio Decidendi
The court was satisfied, on the basis of the supporting affidavit, medical documents, professional analysis, and unanimous family consent, that the petition met the threshold for declaration of mental disorder and for the consequential management orders sought.
Court Disposition
Petition allowed as prayed.
Orders
- The Ward is declared a person suffering from mental disorder pursuant to section 26 of Cap 248.
- The Applicants are allowed to manage the Ward's affairs, including her immovable properties and access to account number 63xxxxxxxxxxxxxxx09 with Housing Finance Company of Kenya.
Full Case Text
Judgment text and source record
1 paragraphs
In re PBR (Ward) (Miscellaneous Application E165 of 2026) [2026] KEHC 10471 (KLR) (9 July 2026) (Judgment) Neutral citation: [2026] KEHC 10471 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Miscellaneous Application E165 of 2026 HK Chemitei, J July 9, 2026 IN THE MATTER OF PBR (WARD) In the matter of Dr HNR 1st Petitioner WMR 2nd Petitioner Judgment 1.The petition dated 1st May 2026 by the Applicants seeks for orders that the Ward be declared a person suffering from mental disorder pursuant to Section 26 of Cap 248 laws of Kenya and consequently in need of care and attention. 2.The Applicants/Petitioners herein who are the daughters to the Ward have also prayed that they be allowed to manage her affairs and in particular her immovable properties as well as access her account Number 63xxxxxxxxxxxxxxx09 with Housing Finance Company of Kenya. 3.The petition is supported by the affidavit of the 1st Applicant sworn on 1st May 2026 and the annexures thereto. The rest of the Ward’s children have signed the relevant consents which are on record. 4.On 20th of May 2026 all the Applicants together with the Wards children appeared online and agreed to the petition. 5.I have perused the same and in particular the medical documents and analysis by Dr. C. K. Musau and Dr. Tasbeen Yamani and I am satisfied that the petition is merited. 6.The petition is hereby allowed as prayed and the parties are directed to strictly comply with the provisions of the Mental Act Cap 248 in totality. 7.Costs in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 9TH DAY OF JULY 2026.H.K. CHEMITEIJUDGE, FCIArb.