https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12732

In re EWK (Miscellaneous Case E051 of 2026) [2026] KEHC 12732 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 12732 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Miscellaneous Case E051 of 2026 CJ Kendagor, J July 31, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA In the matter oF EWK (A PERSON SUFFERING FROM MENTAL ILLNESS) In the matter of IWW Applicant Judgment 1.IWW filed the Application dated 9th February 2026, seeking the following orders:a.That this Honourable court be pleased to appoint IWW of P.O.Box Number 6xxx2-00620 Nairobi, as a guardian and in respect of the estate and over the affairs of EWKherein (The Subject) and to therefore access, make enquiry, take inventory, take control and manage all the estate of the Subject and in addition take preservatory measures thereto pending the hearing and determination of the application.b.That costs of this application be provided for. 2.In the replying affidavit dated 16th March, 2026, WMG, one of the children of the Subject in this application, stated that they have had a good relationship with their mother, the Subject of this case. He denies the allegations that their mother has been mistreated. 3.At the examination by the Court, the Subject expressed apprehension that her children were planning to sell her properties. She stated that she wanted the Applicant to be her guardian. The court noted that the Subject took time to understand and respond to the questions. At times, she appeared happy and interactive; however, occasionally she became emotional, agitated and was unable to continue with the oral examination. 4.On 18th March, 2016, in the best interest of the Subject, this Court granted the parties time to hold a family meeting aimed at reconciliation. The purpose of this meeting was to discuss an amicable solution regarding the welfare of the Subject and management of the Subject’s assets. 5.The Court also ordered Standard Chartered Bank and Dimkess Sacco to provide details and account balances held by the Subject. Original titles for the assets belonging to the Subject, which were in the possession of WMG, were to be deposited with the Subject’s counsel, who will hold them in trust pending further orders from the Court. 6.After the family meeting, the parties filed a consent dated 24th March 2026, which was adopted as the order of the Court. In compliance with the orders issued on 18th March, 2026 the Bank sent a letter and a statement dated 27th March 2026, while the Sacco had yet to respond. 7.By consent, the Applicant herein was appointed as the guardian of the Subject, and the matter was to be reviewed after three (3) months. They all bound themselves to the order to ensure that the Subject’s welfare and estate are well protected. 8.On 22nd July 2026, when the matter came up for review as to whether the Subject’s children could be added as guardians of the Subject, the Counsel for the parties stated that they had agreed that the Applicant should continue with the Subject’s guardianship. Counsel for WMG asked that the Subject’s children be allowed to move the Court when they were able. The original Titles to the Subject’s properties were confirmed to have been collected from the Interested Party’s counsel and were in the Applicant’s possession. Disposition 9.Accordingly, in view of the circumstances and the consent dated 24th March, the Application dated 9th February, 2026 is allowed in the following terms;a.That IWW of P.O.Box Number 6xxx2-00620 Nairobi is hereby appointed as a guardian and manager in respect of the estate and over the affairs of EWK herein (The Subject).b.As the manager of the estate of the Subject, she is authorized to run the Subject’s 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;c.Any income generated from the Subject’s estate shall be utilized for her exclusive benefit;d.The manager is prohibited from selling any of the Subject’s assets without obtaining permission from the Court;e.The guardian 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 for further orders, as may be appropriate;f.The Court should be notified promptly if there are positive improvements regarding the Subject’s mental health;g.Parties are at liberty to apply;h.Costs of the proceedings to be borne from the Subject’s estate. 10.Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 31ST DAY OF JULY, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. Aritho, Advocate holding brief for Ms. Muthoni Advocate for the Applicant