https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12712

In re DMN (Miscellaneous Application E172 of 2026) [2026] KEHC 12712 (KLR) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 12712 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Miscellaneous Application E172 of 2026 CJ Kendagor, J July 30, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA In the matter of DMN (A PERSON SUFFERING FROM MENTAL ILLNESS) In the matter of Kwm 1st Petitioner Sgm 2nd Petitioner Judgment 1.KWM and SGM filed the Petition dated 5th May, 2026 seeking the following orders:a.A declaration that DMN is a person with mental illness.b.Keziah Wangari and Stephen Gachango Munyambu be appointed as the managers of the estate of DMN; andc.Any other order that this Honourable Court shall deem fit to grant. 2.At the hearing, DMN identified the 1st Petitioner as his mother. 3.The 1st Petitioner, at the hearing, informed the Court that the subject is her son suffering from a mental illness and she seeks guardianship orders to enable her to pursue the Probate and Administration Cause where the subject and his sister, who is also mentally challenged, are beneficiaries. She produced the subject’s certificate of birth as evidence of their relationship. The Probate and Administration Cause relates to the estate of the 1st Petitioner’s husband and father to the subject. 4.The 2nd Petitioner is an uncle to the subject and avers that he will act in the best interest of the subject herein. 5.The subject is a beneficiary of the estate of the late MNG, who left properties yet to be transferred under HCFP &A E080 OF 2025. The matter comes up for mention at a future date to confirm the appointment of guardians for the subject and his sister, both children of the deceased. 6.The Petitioners have produced an assessment report dated 25th March 2026 by a qualified medical practitioner who diagnosed the subject with severe intellectual disability. Based on the assessment, the subject lacks sufficient capacity to independently manage finances, make complex decisions, manage property or inheritance matters and is vulnerable to exploitation and undue influence. The report concludes that structural legal protection is necessary. Analysis and determination 7.The Court has considered the Petition 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 Petitioners should be appointed guardian and manager of the estate of the Subject as prayed. 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 his own affairs. Whether the Petitioners should be appointed as guardian and manager of the estate of 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 1st Petitioner to the Subject as her son and the 2nd Petitioner as the uncle. The mother seeks the orders to enable the subject to make decisions regarding the properties left behind by his late father. The said property is to devolve to her having acquired a life interest as the surviving spouse, and she shall hold the properties in trust for the children, including the subject herein. 12.The subject has two other siblings, ENM and GMN. ENM is also mentally ill and GMN resides abroad but gave his written consent dated 20th April 2026 to have the petitioners herein be appointed as guardians and managers of the estate of the subject. 13.The Petitioners have submitted adequate evidence demonstrating that the subject is incapable of effectively managing his affairs. Consequently, the prayers in the Petition are justified and merit approval. Orders: 14.Accordingly, for the reasons set out above, the Petition dated 5th May, 2026 is allowed in the following terms;a.The Subject; DMN is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act.b.The Court appoints the Petitioners, Keziah Wangari Munyambu and Stephen Gachango Munyambu, as the guardians and managers in respect of DMN and grants them custody, care, and management of the DMN and her estate.c.As the managers of the estate of DMN, they are authorized to run his affairs, manage his properties, execute all necessary official instruments, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;d.The order above authorizes the Petitioners to represent the interests of the Subject in HCF P&A E 080 OF 2025 as guardians of DMN.a.The Petitioners shall render 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 DMN for further orders, as may be appropriate; 15.Orders accordingly. PARA 16. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 30TH DAY OF JULY, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. Kipkorir Advocate, holding brief for Mr. Rono Advocate for the Petitioners