https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9372

In re JKO (Subject) (Miscellaneous Case E193 of 2026) [2026] KEHC 9372 (KLR) (26 June 2026) (Judgment) Neutral citation: [2026] KEHC 9372 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Miscellaneous Case E193 of 2026 CJ Kendagor, J June 26, 2026 IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA In the matter of JKO In the matter of SOO Applicant Judgment 1.SOO filed an application dated 26th May, 2026 seeking the following orders:a.Spent;b.Spent;c.That the Applicant be allowed to make decisions on behalf of JKO;d.Any other order this court deems fit;e.Costs be provided for. 2.At the hearing, the Applicant informed the Court that he is the husband of JKO. The Subject was presented on the online platform, accompanied by her son, Innocent Obaga, who was attending to her. 3.The Applicant testified that the Subject has been unwell and that her condition had deteriorated. According to the treatment notes, the Subject has been receiving medical treatment at Mater Hospital, Nairobi. 4.He expressed that his intention to seek guardianship is to be her guardian while also protecting her estate. 5.The medical reports from Mater Hospital Nairobi, dated 11th November, 2025 and 18th May, 2026 gave a medical history of associated focal neurological deficits. The reports show that she is not in a proper state to handle her own affairs. Analysis and determination 6.The Court has considered the Application 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 Applicant 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. She was at home, appeared visibly unwell. 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 her own affairs. Whether the Applicant should be appointed as guardian and manager of the estate of the Subject: 10.In re Application on Behalf of Peter Ng'ang'a Muturi (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 marriage certificate states that the Applicant is the Subject’s husband. 12.The Applicant has provided proof of the medical insurance and explains that he urgently requires the guardianship orders to enable him to access the same for the benefit of the Subject. 13.The Applicant 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 application are justified and merit approval. Orders: 14.Accordingly, for the reasons set out above, the Petition dated 13th April, 2026 is allowed in the following terms;a.The Subject JKO is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act.b.The Court appoints the Applicant, Samuel Onkuri Obaga, as the guardian and manager in respect of JKO and grants him 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 his affairs, manage his bank accounts and other assets, execute all necessary official instruments and documents, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of her 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 application and any incidental costs shall be paid from the Subject’s Estate. 15.Orders accordingly. DATED AND SIGNED AT NAIROBI ON THIS 26TH DAY OF JUNE, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl