[2019] KEHC 9398 (KLR)
The court found that the existence of two contradictory death certificates for the same deceased person raised serious doubts as to the authenticity of the documents relied upon in the succession proceedings. To safeguard the integrity of the process and ensure that the estate is administered based on genuine...
Source-derived case information.
- Citation
- [2019] KEHC 9398 (KLR)
- Parties
- Applicant: Charles Murangiri; Respondent: Festus King’ori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 65 of 1999
- Procedural Posture
- Succession Cause / Interlocutory Order
- Outcome
- Interlocutory orders issued for investigation and verification of death certificates before further hearing.
- Legal Topics
- Probate and Administration, Authenticity of Death Certificate, Estate Administration, Disputed Identity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Murangiri
Applicant
Festus King’ori
Respondent
Procedural Posture
Succession Cause / Interlocutory Order
Legal Issues
- 1 Whether the death certificates produced in respect of M’Miriti Thiora are authentic and which is valid.
- 2 Whether any criminal offence has been committed in relation to the production of contradictory death certificates.
Ratio Decidendi
The court found that the existence of two contradictory death certificates for the same deceased person raised serious doubts as to the authenticity of the documents relied upon in the succession proceedings. To safeguard the integrity of the process and ensure that the estate is administered based on genuine documentation, the court ordered the summoning of relevant chiefs and directed the DCIO to investigate the origin and authenticity of the death certificates, including taking statements from the parties and relevant registration officers. The court further required a report on whether any criminal offence had been committed in relation to the production of the certificates. The...
Court Disposition
Interlocutory orders issued for investigation and verification of death certificates before further hearing.
Orders
- Summons issued to Samson Iringo and John Murithi to appear and testify regarding their letters on the death certificates.
- DCIO Imenti North directed to take statements from Charles Murangiri and Festus Kingori on the sources of the death certificates.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 65 OF 1999
IN THE MATTER OF THE ESTATE OF M’MIRITI THIORA (DECEASED)
CHARLES MURANGIRI.................PETITIONER
VERSUS
FESTUS KING’ORI...........................OBJECTOR
In open court on 13th March, 2019 Before Hon. Justice A. Mabeya
O R D E R
ITS HEREBY ORDERED
1) Summons hereby issues to Samson Iringo former Chief of Kariene Location and John Murithi Chief – Kiria Location to appear and testify on their letters dated 26/02/1999 and 06/03/2019, respectively.
2) The parties in this case have produced 2 different and contradictory death certificate for the same alleged deceased. It is therefore imperative to confirm the authenticity of the said documents.
3) The DCIO, Imenti North is hereby directed to: -
i. Take statements from Charles Murangiri of 0710xxxxxx and Festus Kingori Miriti C/o Tel No. 0718xxxxxx on the sources of Death Certificate. ID Nos 483173 and 494528.
ii. Take statement from M.M Gitau the Registration officer who is said to have registered the two Deaths on two different occasions as set out in the said Death Certificates.
iii. Take statement from the Registrar of Deaths, Meru regarding the authenticity of the Death Certificate B. Nos. 494528 and 483173.
iv. Verify from the registrar of Deaths Meru, which is the correct date of death of M’Miriti Thiora, if at all.
v. Make a report to this court whether in view of Nos. (i) to (iv) above any Criminal offence have been committed and by who.
vi. The Report be filed with this court within 30 days of the date hereof.
vii. For hearing on 12/06/2019.
GIVEN UNDER MY HAND AND THE SEAL OF THIS HONOURABLE COURT ON THIS 13th DAY OF MARCH, 2019
ISSUED AT MERU THIS………………DAY OF ………………….……....2019
DEPUTY REGISTAR
MERU HIGH COURT