https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12708

In re ENM (Miscellaneous Case E171 of 2026) [2026] KEHC 12708 (KLR) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 12708 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Miscellaneous Case E171 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 ENM (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 ENM is a person with mental illness.b.Keziah Wangari and stephen Gachango Munyambu be appointed as the managers of the estate of ENM and;c.Any other order that this Honourable Court shall deem fit to grant. 2.At the hearing, ENM was able to communicate and identified the 1st Petitioner as her mother. 3.The 1st Petitioner, at the hearing, informed the Court that the subject is her daughter with a mental condition while the 2nd Petitioner is her brother-in-law. She stated that there was an ongoing succession cause - P & A E080 OF 2025 that relates to the estate of her husband, who is the father of the subject. She further stated that she had opened a business for the subject and her brother, who is also mentally ill. 4.She produced the subject’s certificate of birth as evidence of their relationship. 5.The 2nd Petitioner confirmed being an uncle to the subject and that the estate that is subject of the ongoing succession proceedings in which guardianship orders are needed belongs to his late brother. 6.The subject is a beneficiary of the estate of the late MNG, who left properties that are yet to be transmitted under HCFP &A E080 OF 2025. The case comes up at a future date for mention to confirm the appointment of guardians for the subject and her brother, who are children of the deceased. 7.The Petitioners have produced an assessment report dated 25th March 2026 by a qualified medical practitioner who diagnosed the subject with intellectual disability. Based on the assessment, the subject has limited capacity to independently manage finances at complex levels, make informed legal decisions, and manage inheritance property matters. She is vulnerable to influence and potential exploitation, especially in high-risk stake decisions. The report concludes that she requires structured support and oversight in managing complex responsibilities. Analysis and determination 8.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 9.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.” 10.The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and will benefit from supported decision making rather than full independence. Whether the Petitioners should be appointed as guardian and manager of the estate of the Subject: 11.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.” 12.The Court is satisfied of the close relation of the 1st Petitioner to the Subject as her daughter 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 her 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. 13.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. 14.The Petitioners have submitted adequate evidence demonstrating that the subject is incapable of effectively managing her affairs. Consequently, the prayers in the Petition are justified and merit approval. Orders: 15.Accordingly, for the reasons set out above, the Petition dated 5th May, 2026 is allowed in the following terms;a.The Subject; ENM 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 ENM and grants them custody, care, and management of the ENM and her estate.c.As the managers of the estate of ENM, they are authorized to run her affairs, manage her properties, execute all necessary official instruments, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her 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 ENM.e.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 ENM for further orders, as may be appropriate; 16.Orders accordingly. 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