[2025] KEHC 1252 (KLR)
The court found that the applicant had demonstrated, through affidavit evidence and annexures, that all reasonable steps had been taken to ascertain the whereabouts of Edward Maina Kanyonyo, including participation in an inquest. The absence of any information regarding the respondent's whereabouts and the evidence...
Source-derived case information.
- Citation
- [2025] KEHC 1252 (KLR)
- Parties
- Applicant: Winnie Waithero Maina; Respondent: Edward Maina Kanyonyo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E296 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- CJ Kendagor
- Legal Topics
- Presumption of Death, Issuance of Death Certificate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winnie Waithero Maina
Applicant
Edward Maina Kanyonyo
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court should presume Edward Maina Kanyonyo dead under the circumstances presented.
- 2 Whether the Registrar of Births and Deaths should be directed to issue a death certificate for Edward Maina Kanyonyo.
Ratio Decidendi
The court found that the applicant had demonstrated, through affidavit evidence and annexures, that all reasonable steps had been taken to ascertain the whereabouts of Edward Maina Kanyonyo, including participation in an inquest. The absence of any information regarding the respondent's whereabouts and the evidence presented justified the presumption of death. Consequently, the court exercised its jurisdiction to direct the Registrar of Births and Deaths to issue a death certificate for Edward Maina Kanyonyo.
Court Disposition
application allowed
Orders
- Edward Maina Kanyonyo is presumed dead.
- The Registrar of Births and Deaths is directed to issue a death certificate for Edward Maina Kanyonyo.
Full Case Text
Judgment text and source record
19 paragraphs
Maina v Kanyonyo (Miscellaneous Application E296 of 2024) [2025] KEHC 1252 (KLR) (Family) (26 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1252 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E296 of 2024
CJ Kendagor, J
February 26, 2025
Between
Winnie Waithero Maina
Applicant
and
Edward Maina Kanyonyo
Respondent
Ruling
1. I have considered the Application dated 25th November, 2024, the Supporting Affidavit and the annexures thereto.
2. The inquest in Makadara C.M. Court Inquest No.26 of 2018 relates to the deceased as well. The application is merited as the Applicant has indicated that they have taken all steps as is evident from the annexures to inquire into the whereabouts of the said Edward Maina Kanyonyo.
3. He is presumed dead and the Registrar of Births and Deaths is hereby directed to issue a Death Certificate for Edward Maina KanyonyoIt is so ordered.
DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM THIS 26TH DAY OF FEBRUARY, 2025. ………………………………C. KENDAGORJUDGE