In re HSM (Petition E005 of 2026) [2026] KEHC 4759 (KLR) (10 April 2026) (Judgment)

The subject is incapable of managing his own affairs due to mental disorder; it is expedient that EPR be appointed guardian and manager of his estate and granted access to his bank account for the subject's maintenance and care.

Citation: [2026] KEHC 4759 (KLR)
Parties: Petitioner: EPR; Subject: HSM; Interested Party: HHS; Interested Party: RHS
Court: High Court
Jurisdiction: Kenya
Judgment Date: 10 April 2026
Case Number: Petition E005 of 2026
Procedural Posture: Petition / Judgment
Outcome: petition allowed
Legal Topics: Guardianship, Management of Estate, Mental Disorder, Bank Account Access
Source Language: English

Mental Health Law Family Law Guardianship Management of Estate Mental Disorder Bank Account Access

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

EPR

Petitioner

HSM

Subject

HHS

Interested Party

RHS

Interested Party

Procedural Posture

Petition / Judgment

Legal Issues

1 Whether HSM is incapable of managing his affairs due to mental disorder
2 Whether EPR should be appointed guardian and manager of HSM's estate
3 Whether EPR should be granted access to HSM's bank account

Ratio Decidendi

Court Disposition

petition allowed

Orders

EPR appointed guardian of HSM and manager of his estate for medical needs and maintenance
EPR granted authority to operate HSM's bank account number 1XXXXXXX43 in KCB Bank for stated purposes