https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6869

In re JKC (Patient) (Miscellaneous Application E021 of 2026) [2026] KEHC 6869 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEHC 6869 (KLR) Republic of Kenya In the High Court at Eldoret Miscellaneous Application E021 of 2026 AK Ndung'u, J May 21, 2026 IN THE MATTER OF SECTION 26, 27, 28, AND 29 OF THE MENTAL HEALTH ACT (CAP 248 ) LAWS OF KENYA IN THE MATTER OF A PETITION FOR ORDERS OF CUSTOFY MANAGEMENT AND GUARDIANSHIP RELATING TO JKC ([ATIENT) In the matter of DC 1st Applicant MKK 2nd Applicant Ruling 1.The ruling resolves the Chamber Summons dated 11th day of May 2026 brought to this court under Section 26, 27, 28, and 29 of the Mental Health Act (cap 248), Order 51 of the Civil Procedure rules, Section 3A of the Civil Procedure Act, and all other enabling provisions of the Law that:1.Spent2.Spent3.Spent4.That Absa Bank Plc be and is hereby ordered to allow the petitioners/Applicants to operate the account for the purposes stated in prayer No 2 above.5.That the costs be provided for 2.The Application is based on the grounds:-1.That the Patient, JKC suffered a cerebrovascular Accident (Stroke) on or about 26th February, 2026, which left him bedridden, with left side paralysis, substantially reduced cognitive abilities, and in need of 24-hour medical care2.That the Patient requires continuous and urgent medical treatment rehabilitation, medication and daily upkeep to prevent further deterioration of his health.3.That the petitioners have been funding the patient’s care since his admission to the hospital and discharge from the hospital, which has become financially unsustainable.4.That the patient maintains fund in Absa Bank Account No 0XXXXXX17, Queensway House Branch, held in his name, which are required immediately for his maintenance and welfare.5.That the main petition is pending hearing and determination, and unless interim access to the aid account is granted, the patient will suffer irreparable harm and prejudice as his health may deteriorate further. 3.The same is supported by an affidavit sworn by Mark Kangogo Kipkechem in which he depones that the patient who is his biological father, suffered a severe stroke on 26.02. 2026 and remains bedridden, paralyzed on the left side, and required 24-hour care. 4.That the patient has substantial funds in Absa Bank Account No. 0XXXXXX17 which are necessary for his immediate medial needs, medication, rehabilitation, and daily upkeep. He annexes a copy of the Kenya Pipeline Company Certificate of update referencing pension and other accrued benefits payment details to the account. 5.That the petitioners have been using personal resources to care for the patient since admission to the hospital and discharge therefrom, which was no longer sustainable as their personal fund had run thin. 6.He adds that it was in the best interest of the patient that interim access to the said bank account be granted to the petitioners jointly pending the determination of the main petition 7.That they undertake to utilize the funds solely for the patient’s welfare and to render full accounts to this court. 8.At the hearing, all beneficiaries were present and they all consented to the application. 9.I have considered the application, the supporting grounds, affidavit evidence and documentation filed. Of determination is whether the Applicants have established the legal threshold required for the grant of the order sought. 10.At the hearing of the application, all the beneficiaries were present before the Court and expressly consented to the application. 11.I have carefully considered the application, the supporting affidavit, the annexures thereto and the oral submissions made before Court. The issue falling for determination is whether the Applicants have established sufficient grounds for the grant of interim management orders pending the hearing and determination of the main petition. 12.In the case of In re N M K [2017] eKLR , the Court held that where medical evidence demonstrates that a patient is incapable of managing his affairs, the Court may issue interim protective orders to safeguard the patient’s welfare and estate pending the final determination of the petition. 13.Further, in Re BKM the Court emphasized that interim orders may issue where the evidence discloses immediate necessity and where failure to grant the orders would expose the patient to suffering or deterioration in health. 14.From the material placed before this Court, there is uncontroverted evidence that the Patient suffered a severe stroke and is bedridden and incapacitated. There is also evidence that the Patient requires constant medical care, medication and rehabilitation. The Applicants have demonstrated that they have been personally financing the Patient’s treatment but that their resources are now depleted. 15.The Court is also satisfied that the funds sought to be accessed belong to the Patient and are intended to cater for his welfare. Importantly, all beneficiaries have consented to the application and no objection has been raised against the interim orders sought. 16.In the circumstances, this Court is persuaded that failure to grant the orders sought would occasion prejudice to the Patient whose health and welfare remain the paramount concern of the Court. 17.Consequently, the Notice of Motion dated is hereby allowed in the following terms:a)Pending the hearing and determination of the petition herein, the Petitioners/Applicants are hereby granted joint access to and authority to operate Absa Bank Account No. 0XXXXXX17 held in the name of JOSEPH KANGONGO CHEROP at Absa Bank Plc, Queensway House Branch, solely for purposes of the Patient’s medical treatment, rehabilitation, maintenance and general welfare.b)Absa Bank Plc is hereby directed to permit the Petitioners/Applicants to jointly operate the said account strictly for the purposes stated herein.c)The Applicants shall keep proper records and accounts of all withdrawals and expenditure incurred from the said account and shall render the same to the Court as and when required.d)The costs of the application shall be in the cause. 18.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 21ST DAY OF MAY 2026A.K. NDUNG’UJUDGE