https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7728

In re LWK (A Person Suffering From Mental Illness) (Miscellaneous Case E153 of 2026) [2026] KEHC 7728 (KLR) (20 May 2026) (Judgment) Neutral citation: [2026] KEHC 7728 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Miscellaneous Case E153 of 2026 CJ Kendagor, J May 20, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA In the matter of LWK (A PERSON SUFFERING FROM MENTAL ILLNESS) In the matter of LWL Petitioner Judgment 1.LWL filed an application dated 27th April, 2026 seeking the following orders:a.Spentb.THAT this Court be pleased to appoint her as the representative/manager over the estate of LWK;c.THAT upon such appointment, she be authorized to execute any legal documents on behalf of LWK and to protect her interests on any legal matters;d.That upon such appointment, she be authorized to appear on any legal proceedings touching on the estate of LWK for the purposes of protecting LWK’s interest, who is a beneficiary therein;e.The costs of this application be in the cause. 2.At the hearing, the Applicant informed the Court that she is the daughter of LWK. She was accompanied by AWL, her sister and the Subject’s daughter. A letter from the Assistant Chief, Kahuho Sub Location, was provided to verify the relationship. LWL expressed her intention to seek guardianship to protect her mother’s interests in the succession case, Nairobi CM P&A E029 of 2025 (PT 455 of 2024), Estate of Leah Wanjiku Maina, which is being managed by the Public Trustee regarding the estate of her late mother. A letter dated 23rd March 2026, addressed by the Assistant Public Trustee and a consent form confirming the succession cause were produced. 3.ENN informed the Court that she is the sister of the Subject and confirmed that the Subject has been unwell for nearly 15 years. She stated that the public trustee is holding some funds belonging to the Subject’s estate and has advised obtaining guardianship orders. Additionally, she stated that the family supports the granting of the guardianship orders to the Applicant. 4.The Applicant cites medical evidence from the Medical Doctors who have treated LWK, showing that she is not in a proper state to handle her own affairs or personal welfare. 5.Treatment notes from Mathare Teaching and Referral Hospital, Wangige Level 4 Hospital and Tigoni Hospital were availed before the Court and duly received as evidence. The documents confirm the medical condition as hypertension, severe brain atrophy and severe dementia. Issue: 6.The Court has considered the application and the evidence on record. The issues for determination before this Court are as follows:i.Whether the Subject should be declared as suffering from mental illness;ii.Whether the Applicant should be appointed guardian and manager of the estate of the Subject as prayed. Analysis: 7.The Petitioner in her Petition seeks to be appointed as guardian and manager of the affairs and estate of SAA, as owing to his condition, he can no longer manage his affairs and those of his estate. Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act, Cap 248 8.The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.” 9.The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs. Whether the Applicant should be appointed as guardian and manager to the Subject 10.In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held: “This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Applicant to the Subject.” 11.The Court is satisfied of the close relation of the Applicant to the Subject as her daughter. 12.The Applicant has presented sufficient evidence indicating the necessity for a personal representative to represent the interests of the Subject in the Succession Cause and her estate. Consequently, the prayers in the application are justified and merit approval. Orders: 13.Accordingly, for the reasons set out above, the Application dated 27th April, 2026 is allowed in the following terms;a.The Subject LWK is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act.b.The Court appoints the Applicant, LWL, as the guardian and manager in respect of LWK and grants her custody, care, and management of the Subject and her estate.c.As the manager of the estate of the Subject, she is authorized to run her affairs, take and manage her properties, to execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her responsibilities, as well as executing legally binding instruments on her behalf.d.LWL shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of the Subject herein for further orders, as may be appropriate. 14.Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 20TH DAY OF MAY, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylApplicant: LWL