[2014] KEHC 5502 (KLR)

[2014] KEHC 5502 (KLR)

The court declined to grant the declaration of death on the evidence presented, finding that the applicant had not demonstrated that reasonable inquiries had been made, particularly in the rural area where the missing person may have ancestral ties. The judge emphasized that in the Kenyan context, individuals often have rural homes, and absence from an urban area does not conclusively establish death. The applicant was directed to obtain a letter from the Chief of the rural location to confirm whether the missing person is absent from his ancestral home, as this would constitute a reasonable step in the inquiry. Only upon satisfaction of such further evidence would the court consider...

Citation
[2014] KEHC 5502 (KLR)
Parties
Applicant: Esther Ongola Onyango; Respondent: Ennos Shikanda Openda
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 April 2014
Case Number
Miscellaneous Civil Appeal 62 of 2012
Procedural Posture
Miscellaneous Application / Interlocutory Ruling
Outcome
interim directions issued; no final declaration made
Judges
DN Musyoka
Legal Topics
Presumption of Death, Customary Marriage, Missing Persons
Source Language
English
Family and Children Presumption of Death Customary Marriage Missing Persons

Case Brief

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Parties

Esther Ongola Onyango

Applicant

Ennos Shikanda Openda

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling

Legal Issues

  1. 1 Whether sufficient evidence has been provided to declare Ennos Shikanda Openda dead under Kenyan law.
  2. 2 Whether the applicant has demonstrated that reasonable steps have been taken to ascertain the whereabouts of the missing person.

Ratio Decidendi

The court declined to grant the declaration of death on the evidence presented, finding that the applicant had not demonstrated that reasonable inquiries had been made, particularly in the rural area where the missing person may have ancestral ties. The judge emphasized that in the Kenyan context, individuals often have rural homes, and absence from an urban area does not conclusively establish death. The applicant was directed to obtain a letter from the Chief of the rural location to confirm whether the missing person is absent from his ancestral home, as this would constitute a reasonable step in the inquiry. Only upon satisfaction of such further evidence would the court consider...

Court Disposition

interim directions issued; no final declaration made

Orders

  • The applicant is directed to obtain a letter from the Chief of the Location in the rural area that Mr. Openda hailed from.
  • The matter to be placed before the court for further orders or directions after compliance.