Kenya Case Law

In re JKO (Subject)

In re JKO (Subject) (Miscellaneous Case E193 of 2026) [2026] KEHC 9372 (KLR) (26 June 2026) (Judgment)

Court

High Court

Case number

Miscellaneous Case E193 of 2026

Judge

["CJ Kendagor"]

The Court was satisfied, on medical reports and direct examination of the Subject, that JKO suffered from mental illness and lacked capacity to manage her affairs. Given the Applicant’s status as her husband and the need to protect the Subject and her estate, the Court exercised its discretion to appoint him as guardian and manager subject to supervisory safeguards.

Source excerpt

• Declaration of mental illness
• Appointment of guardian and manager
• Capacity to manage affairs
• Custody care and management of estate
• Reporting and oversight by court
• Protection of estate assets

In re DR (Subject) (Family Miscellaneous Application E024 of 2025)

In re DR (Subject) (Family Miscellaneous Application E024 of 2025) [2026] KEHC 8851 (KLR) (17 June 2026) (Ruling)

Court

High Court

Case number

Family Miscellaneous Application E024 of 2025

Judge

["OA Sewe"]

The Court found the applicant had provided sufficient evidence, including a marriage certificate, pay slips, disability registration certificate and medical report, to justify her appointment as manager of DR's estate and affairs. Because a certificate of disability had already been issued, no additional declaration on disability was required.

Source excerpt

• Appointment of manager/guardian for a person with mental illness
• Capacity to manage affairs
• Disability and mental health certification
• Management of estate, income and medical care

In re JWN (A Person with Mental Illness)

In re JWN (A Person with Mental Illness) (Miscellaneous Civil Application E032 of 2026) [2026] KEHC 7372 (KLR) (29 May 2026) (Judgment)

Court

High Court

Case number

Miscellaneous Civil Application E032 of 2026

Judge

["MA Odero"]

The court found the application merited because the medical report, chief's confirmation, witness evidence, and the court's own observation established that JWN suffers from moderately severe irreversible dementia and is incapable of independently administering his estate. MWK was a suitable near relative with no objection from the family, so the court appointed her as guardian and manager and authorized her to manage the identified assets for JWN's welfare.

Source excerpt

• Guardianship of person with mental disorder
• Manager of estate
• Capacity to manage affairs
• Appointment of near relative
• Bank account operation
• Protection of property from waste or alienation

In re MWW (Family Miscellaneous Application E002 of 2026)

In re MWW (Family Miscellaneous Application E002 of 2026) [2026] KEHC 7804 (KLR) (28 May 2026) (Ruling)

Court

High Court

Case number

Family Miscellaneous Application E002 of 2026

Judge

["FN Muchemi"]

The court found, on the uncontroverted medical reports and its own observation of the subject being unable to communicate coherently, that MWW was suffering from a mental disorder within the meaning of the Mental Health Act and was incapable of managing her affairs; accordingly, LWT, as the nearest suitable relative with no family objection, was fit to be appointed guardian and estate manager.

Source excerpt

• Declaration of mental disorder
• Guardianship
• Management of estate
• Mental capacity
• Ex parte application

In re JKN (The Ward)

Court

High Court

Case number

Miscellaneous Application E391 of 2025

Judge

H Namisi

The High Court declared a 62-year-old ward incapable of managing his affairs due to a mental disorder and appointed his elder sister as legal guardian and estate manager, subject to statutory safeguards.

• Guardianship of persons with mental disorder
• Management of estate of incapacitated persons
• Substituted vs supported decision-making
• Parens patriae jurisdiction
• Mental capacity
• Fiduciary duties of estate managers

In re Application for Guardianship of CMM (Subject)

Court

High Court

Case number

Petition E095 of 2026

Judge

PM Nyaundi

The High Court declared CMM, a 50-year-old woman in a coma, to be suffering from a mental disorder and appointed her sisters as her guardians and managers of her estate, subject to court supervision.

• Declaration of mental disorder
• Appointment of legal guardians
• Appointment of managers of estate
• Management of incapacitated person's property
• Access to bank accounts of incapacitated person
• Disposal of property under court supervision

In re DOA - Subject

Court

High Court

Case number

Miscellaneous Application E018 of 2025

Judge

A Mabeya

Kenya High Court declared a 67-year-old man mentally incapacitated under section 26 of the Mental Health Act and appointed his wife as guardian to manage his affairs, relying on uncontested medical evidence.

• Declaration of mental disorder/incapacity
• Guardianship of persons suffering from mental disorder
• Management of estate of persons with mental disorder
• Preference for near relatives as guardians
• Medical evidence of mental incapacity
• Mental-health-law

In re JWN

Court

High Court

Case number

Miscellaneous Case E055 of 2026

Judge

CJ Kendagor

The High Court declared JWN a person suffering from a mental disorder under the Mental Health Act and appointed her brother PKN as guardian and manager of her estate, on unopposed medical evidence of chronic schizophrenia.

• Declaration of mental disorder
• Appointment of guardian of a person suffering from mental disorder
• Appointment of manager of estate
• Accounting obligations of estate managers under section 33
• Mental-health-law
• Guardianship

In re MWN

Court

High Court

Case number

Miscellaneous Case E054 of 2026

Judge

CJ Kendagor

The High Court declared MWN a person suffering from a mental disorder and appointed her eldest brother, RKN, as guardian and manager of her person and estate, with statutory duties to file inventories and accounts.

• Declaration of mental disorder
• Appointment of guardian of a person suffering from mental disorder
• Appointment of manager of estate
• Criteria for selection of guardian (proximity to subject)
• Accounting and inventory obligations of estate managers under s.33 mental health act
• Mental-health-law

In re AM (A Person Suffering from Intellectual Disability Disorder)

Court

High Court

Case number

Miscellaneous Case E056 of 2026

Judge

CJ Kendagor

The High Court declared AM a person suffering from a mental disorder under the Mental Health Act and appointed his uncle, ATN, as guardian and manager of his estate in an unopposed petition.

• Declaration of mental disorder
• Appointment of guardian of a person with mental disorder
• Appointment of manager of estate
• Statutory reporting obligations of estate managers
• Mental-health-law
• Guardianship