Curatorship or Administratorship Orders under the Mental Health Act in Kenya

by | May 24, 2025 | African Legal News

Curatorship or Administratorship Orders under the Mental Health Act in Kenya

Safeguarding Rights, Preserving Wealth, and Managing Affairs for Vulnerable Individuals

1. 🌟 What is Curatorship?

Curatorship is a legal process where a trusted individual (the curator or administrator) is appointed by the Kenyan courts to manage the financial, personal, or legal affairs of someone who is unable to do so. Multiple curators or administrators can be appointed depending on the complexity of the case.

This may occur when an individual is:

  • Mentally incapacitated (due to conditions like dementia, schizophrenia, etc.)

  • Absent or unreachable

  • Engaging in prodigality (reckless and excessive spending)

2. 🧠 Oniomania & Prodigality

A common manifestation of prodigality is Oniomania, also known as Compulsive Spending Disorder. This condition leads to chronic, impulsive, and uncontrollable spending, often threatening the individual’s financial security. In Kenya, courts can appoint one or more curators to safeguard the assets and welfare of individuals affected by Oniomania or similar behaviors.

3. 📜 Legal Framework & Process

3.1 📚 Legal Basis

Curatorship in Kenya is governed by a comprehensive legal framework, including:

  • Mental Health Act (Cap 248) – as amended by the Mental Health (Amendment) Act, 2022, providing for the appointment of curators or administrators for individuals with mental incapacity

  • Law of Succession Act (Cap 160) – for incapacity due to absence or prodigality

  • Persons with Disabilities Act (No. 14 of 2003) – safeguarding the rights of persons with disabilities, ensuring access to legal support and appropriate protection

  • Civil Procedure Rules – outlining procedural requirements for curatorship applications

3.2 🏛️ Case Law Examples

  • In Re Estate of George Muriithi (Deceased) [2018] eKLR – Recognized the necessity of appointing a representative for a person whose mental condition rendered them incapable of managing their estate.

  • In the Matter of AM (Subject) [2020] eKLR – Elaborated on the fiduciary responsibilities of a curator, emphasizing the protection of the individual’s rights.

  • In the Matter of MWM (Subject) [2021] eKLR – Highlighted the appointment of both a curator bonis and a curator personae, demonstrating that multiple curators can be necessary in complex cases.

  • In Re Estate of M’Mugwika M’Miriti (Deceased) [2017] eKLR – Addressed prodigality and the need for court intervention to protect assets from waste.

3.3 ⚙️ How It Works

1️⃣ Filing a Petition – Initiated by family, guardians, or the government to appoint curators or administrators.
2️⃣ Medical Evidence – Courts review medical reports (e.g., psychiatric assessments) to confirm incapacity.
3️⃣ Appointment of Curators/Administrators – The court may appoint:

  • Curator Bonis – for financial affairs

  • Curator Personae – for personal welfare decisions

  • Curator Ad Litem – to represent legal interests during proceedings
    Courts can appoint multiple curators or administrators for comprehensive management of complex cases.

4. 🏅 Responsibilities of a Curator

A curator must:
✅ Act in the best interests of the subject
✅ Maintain transparency and accountability
✅ Reflect the subject’s preferences where possible
✅ Submit regular reports to the court for oversight

5. ⚖️ Human Rights and Legal Safeguards

The legal framework reflects Kenya’s commitment to rights-respecting care, aligning with the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Key safeguards include:

  • Regular review to restore capacity where possible

  • Community-based care over institutionalization

  • Respect for dignity, autonomy, and inclusion
    Courts must always consider less restrictive alternatives before appointing curators or administrators.

6. 🚀 Next Steps: How CM Advocates LLP Can Help

At CM Advocates LLP, we offer comprehensive support in curatorship and administration matters, including:

  • 🌐 Strategic legal advisory on curatorship under Kenyan law

  • 📑 Preparation and filing of court petitions, supported by thorough documentation

  • ⚖️ Representation in court, advocating for the best interests of all parties

  • 🔐 Development of protective estate plans, including special needs trusts

  • 👨‍⚕️ Coordination with medical, financial, and fiduciary experts for holistic solutions

  • 🕊️ Mediation and dispute resolution to preserve family harmony
    Our team is experienced, client-focused, and committed to safeguarding family wealth, dignity, and legacy.

7. 📞 Contact Us Today

📧 Email:cmaina@cmadvocates.com or law@cmadvocates.com 
🌐 Website: www.cmadvocates.com

🔹 Schedule a confidential consultation to discuss your unique needs.
🔹 Request our comprehensive Curatorship Guide for detailed insights.

CM Advocates LLP

Your Strategic Partner for Family Wealth, Estate Management, and Mental Capacity Advisory in Kenya and Beyond.