https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11442

In re TAN (Family Miscellaneous Application E001 of 2026) [2026] KEHC 11442 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11442 (KLR) Republic of Kenya In the High Court at Nyeri Family Miscellaneous Application E001 of 2026 DKN Magare, J July 23, 2026 IN THE MATTER OF SECTION 26, 28 (1) & (2) OF THE MENTAL HEALTH ACT, CAP 248 LAWS OF KENYA AND IN THE MATTER OF TAJDIN ALIBHAI NATHOO- A PERSON SUFFERING FROM MENTAL ILLNESS AND IN THE MATTER OF AN APPLICATION BY ATAN TO BE APPOINTED GUARDIAN AND ESTATE MANAGER OVER THE AFFAIRS AND ESTATE OF TAN AND IN THE MATTER OF GUARDIANSHIP OF SUBJECT – TAN In the matter of ATAN Petitioner Ruling 1.The petitioner filed a petition under section 26, 28 (1) & (2) of the Mental Health Act, Cap. 248 Laws of Kenya seeking the following orders:a.TAN, the subject herein be and is hereby declared to be suffering from mental disorder pursuant to section 26 of the Mental Health Act, Cap. 258 Laws of Kenya.b.ATAN be appointed legal guardian to TAN.c.ATAN to be appointed manager of the estate of TAN under section 28 of the Mental Health Act, Cap. 258 Laws of Kenya, to manage his estate including any such description of movable or immovable property, money debts, and legacies, power to execute, sign all deeds and instruments relating and evidencing the title or right to any property or giving right to receiving any money or goods.d.ATAN to manage the subject’s immovable property and or settle liabilities with regard to his properties. 2.The main ground is that the subject has developed mental incapacity and has lost the ability to understand his surroundings. His late wife MTN died in 1997. The subject is a father to three issues; the Applicant, STN and TN. The applicant is a resident of Nairobi and Nyeri counties. 3.The subject is 93 years old and suffers from Alzheimer’s disorder, prolonged depression causing memory loss, confusion, agitation and irritability. This has put his decision making at a great risk to himself and his health. The doctors confirmed in 2025 that the subject has Alzheimer’s dementia and has progressive and significant cognitive impairment. The applicant is not in his proper state of mind to make decisions. 4.The Applicant states that the subject has suffered mental disorder and is physically disabled and cannot carry out his affairs. The applicant annexed the Chief’s letter and copies of identity cards for the children and himself. 5.I saw the subject and also perused the medical evidence from Dr. Hemant Shah of Aga Khan Hospital and I am satisfied that the subject cannot manage his own affairs. There were also reports from Avenue Hospital, Aga Khan University Hospital, and Asumbi Treatment Centre. They confirm that the subject is not competent to manage his own affairs. 6.The petitioner annexed the mother’s death certificate, the ID cards and passports of his siblings, the affidavits by all the children and the applicant’s birth certificate. The subject was born in 1934. 7.The children of the subject were born between 1963 and 1975, making them to be 63, 57 and 51 years old. They all consented to the petition and were present in court. 8.Given the foregoing, the application is merited and is allowed. Determination 9.Therefore, the application is allowed in the following terms:a.TAN, the subject herein, is hereby declared to be suffering from mental disorder pursuant to section 26 of the Mental Health Act, Cap. 258 Laws of Kenya.b.An order be and is hereby issued that the petitioner, ATAN is to have full custody and management over the subject, TAN and his estate as provided under Sections 26, 27 and 28 of the Mental Health Act Cap. 248 Laws of Kenya. He is to manage his estate including any such description of movable or immovable property, money debts, and legacies, power to execute, sign all deeds, and instruments relating and evidencing the title or right to any property or giving right to receiving any money or goods.c.ATAN is hereby appointed the legal guardian to TAN.d.ATAN to manage the subject’s immovable property and or settle liabilities with regard to his properties.e.An order is hereby issued that the Petitioner while acting as Guardian and Manager over the subject herein and his estate shall exercise and is granted special powers as may become necessary to sue and/or defend a suit for and against the estate of the subject herein.f.Nevertheless, whereas the Guardians and Managers have a right to deal with his properties, they cannot sell any immovable assets or alienate any parcel of land without a court order issued before any transaction is carried out. Any disposal shall be null and void.g.No order as to costs.h.File is closed. DELIVERED, DATED AND SIGNED AT NYERI ON THIS 23RD DAY OF JULY, 2026. RULING IS DELIVERED THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms. Mugo for the PetitionerCourt Assistant – Timothy