[2023] KEHC 18600 (KLR)
The court held that it lacked jurisdiction to compel the Kenyan Registrar of Births and Deaths to issue a death certificate for a person who died outside Kenya, specifically in Tanzania. The law requires that deaths occurring outside the jurisdiction be registered and certified by the authorities of the place where...
Source-derived case information.
- Citation
- [2023] KEHC 18600 (KLR)
- Parties
- Applicant: James Amata Nyabwa; Respondent: Registrar of Births and Deaths Awasi Sub-County
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 599 of 2015
- Procedural Posture
- Succession Cause / Ruling on Citation/application for Death Certificate
- Outcome
- citation dismissed; file closed
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Death Certificate Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Amata Nyabwa
Applicant
Registrar of Births and Deaths Awasi Sub-County
Respondent
Procedural Posture
Succession Cause / Ruling on Citation/application for Death Certificate
Legal Issues
- 1 Whether the Kenyan Registrar of Births and Deaths can be compelled to issue a death certificate for a person who died outside Kenya.
- 2 Whether the court can presume death where the death is already known and occurred outside its jurisdiction.
Ratio Decidendi
The court held that it lacked jurisdiction to compel the Kenyan Registrar of Births and Deaths to issue a death certificate for a person who died outside Kenya, specifically in Tanzania. The law requires that deaths occurring outside the jurisdiction be registered and certified by the authorities of the place where the death occurred. Since the death of William Omondi Omer was known and occurred in Tanzania, the applicant was not prevented from obtaining a death certificate from Tanzanian authorities. The court also reiterated that it could not presume death where the fact of death was already established. As there was no further action pending, the citation was found to be without merit...
Court Disposition
citation dismissed; file closed
Orders
- The citation is dismissed.
- The file is accordingly closed.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of William Omondi Omer (Deceased) (Succession Cause 599 of 2015) [2023] KEHC 18600 (KLR) (12 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18600 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 599 of 2015
RE Aburili, J
June 12, 2023
IN THE MATTER OF THE ESTATE OF WILLIAM OMONDI OMER...............(DECEASED)
AND
IN THE MATTER OF APPLICATION BY
Between
James Amata Nyabwa
Applicant
and
Registrar of Births and Deaths Awasi Sub-County
Respondent
Ruling
1. This matter was initiated by way of a citation. An application to compel the Registrar of births and deaths to issue a death certificate in respect of William Omondi Omer who died on March 25, 2014 in Tanzania was declined by this court on March 28, 2022 as the deceased did not die within the jurisdiction and nothing prevented the applicant from getting the death certificate from the jurisdiction where the deceased lived and died.
2. Further, the court in the ruling of March 28, 2022 held that it could not presume the deceased dead as his death was known.
3. No other action is pending in this matter.
4. Accordingly, the citation is devoid of any merit. It is hereby dismissed and this file is accordingly closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF JUNE, 2023R. E. ABURILIJUDGE