https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8609

In re JMK (Subject) (Miscellaneous Case E143 of 2026) [2026] KEHC 8609 (KLR) (Family) (17 June 2026) (Judgment) Neutral citation: [2026] KEHC 8609 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Miscellaneous Case E143 of 2026 CJ Kendagor, J June 17, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA IN THE MATTER OF JMK (A PERSON SUFFERING FROM MENTAL ILLNESS) In the matter of RWM Petitioner Judgment 1.RWM filed a petition dated 13th October, 2025 seeking the following orders:a.Spent;b.That this court declares JMK as a person suffering from a mental illness and incapable of managing her affairs;c.That the petitioner be appointed as the guardian of her husband JMK;d.That the petitioner be appointed to manage the subject’s estate including any such description of moveable or immoveable property, money, debts, power to execute, sign all deeds and instruments relating to or evidencing the title or right to any property with the sole intention of safeguarding the said property, assets and business affairs;e.That the court does appoint the Petitioner to manage the subject’s bank accounts held at National Bank of Kenya Ltd, Harambee Avenue Branch, Account Numbers 770xxxx218 and 010xxxx2500;f.That costs be in the cause. 2.At the hearing, the petitioner informed the court that she is the wife of JMK. She was in court (online) together with the Subject accompanied by the doctor who is attending to the Subject. She stated that her children live far away and currently she is the only caregiver of her husband. 3.The petitioner testified that the Subject, her husband, has been unwell, suffering from dementia and that his condition had deteriorated, necessitating admission at Polka Dots Wellness and Retreat Centre for dementia. The Subject has also been undergoing psychiatric treatment and counselling therapy at Aga Khan University Hospital among other facilities. 4.She expressed that her intention to seek guardianship is to be his guardian while also protecting her husband’s estate. 5.The Medical Report from Thika Level 5 Hospital, Government County of Kiambu dated 22nd May, 2025 gave a medical history of mood changes, mood swings and restlessness. He had persistent anxiety and excessive fear, forgetfulness, poor memory and inability to remember most things. He also suffered from insomnia and dementia. The Reports show that he is not in a proper state to handle his own affairs. Analysis and Determination 6.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 petitioner 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 7.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.” 8.The court had the opportunity to examine the Subject, who was presented via the online platform. He was at home and appeared visibly unwell and was in the company of the petitioner. The Doctor was also present via the online platform. 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 Petitioner should be Appointed as Guardian and Manager of the Estate of the Subject: 10.In re Application on Behalf of PNM (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. The nuclear family has consented to the appointment. 12.The petitioner has submitted adequate evidence demonstrating that the Subject is incapable of effectively managing her affairs, thereby exposing her estate to potential mismanagement and waste. Consequently, the prayers in the Petition are justified and merit approval. Orders: 13.Accordingly, for the reasons set out above, the Petition dated 13th April, 2026 is allowed in the following terms;a.The Subject JMK is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act.b.The court appoints the petitioner, RWM, as the guardian and manager in respect of JMK 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, manage her properties, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;d.The manager shall not sell any of the Subject’s assets without the court’s approval;e.The manager shall, by Notice in the Gazette, inform the public of the appointment as manager of the Subject’s Estate;f.The manager 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;g.The court should be notified promptly if there are positive improvements regarding the Subject’s mental health;h.The costs of the petition and any incidental costs shall be paid from the Subject’s Estate. 14.Orders accordingly. DATED AND SIGNED AT NAIROBI ON THIS 17TH DAY OF JUNE, 2026.………………………C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl.