Ndege (Miscellaneous Succession Cause E014 of 2025) [2026] KEHC 5109 (KLR) (16 April 2026) (Ruling)

The statutory period of seven years required for presumption of death under Section 118A of the Evidence Act had not lapsed; therefore, the court could not grant the order sought.

Citation: [2026] KEHC 5109 (KLR)
Parties: Applicant: Jacinta Wanjiku Ndege
Court: High Court
Jurisdiction: Kenya
Judgment Date: 16 April 2026
Case Number: Miscellaneous Succession Cause E014 of 2025
Procedural Posture: Succession / Ruling on Application for Presumption of Death
Outcome: Application declined
Legal Topics: Presumption of Death, Missing Persons, Probate Procedure
Source Language: English

Succession Law Evidence Law Presumption of Death Missing Persons Probate Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Jacinta Wanjiku Ndege

Applicant

Procedural Posture

Succession / Ruling on Application for Presumption of Death

Legal Issues

1 Whether the court can presume Peter Gachoki Mucira dead before the statutory seven-year period has lapsed

Ratio Decidendi

The statutory period of seven years required for presumption of death under Section 118A of the Evidence Act had not lapsed; therefore, the court could not grant the order sought.

Court Disposition

Application declined

Orders

Application by Summons dated 7th July, 2025 is declined.
No orders as to costs.