[2025] KEHC 4548 (KLR)

[2025] KEHC 4548 (KLR)

The court found that the applicants had adduced sufficient evidence to satisfy the requirements of Section 118A of the Evidence Act. The missing person, Lawrence Kimani Thuo, had not been heard from for over 24 years despite diligent efforts by his family, including searches, police reports, and public notices. The area chief confirmed the disappearance, and several family members corroborated the absence. No evidence was presented to rebut the presumption of death. Therefore, the court held that the statutory presumption of death applies and granted the orders sought.

Citation
[2025] KEHC 4548 (KLR)
Parties
Applicant: Pauline Njambi Thuo; Applicant: Ferisita Wangari Thuo
Court
High Court
Court Station
High Court at Thika
Jurisdiction
Kenya
Judgment Date
3 April 2025
Case Number
Miscellaneous Civil Case E145 of 2024
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed
Judges
FN Muchemi
Legal Topics
Presumption of Death, Missing Persons, Evidence Act Section 118a
Source Language
English
Civil Procedure Presumption of Death Missing Persons Evidence Act Section 118a

Case Brief

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Parties

Pauline Njambi Thuo

Applicant

Ferisita Wangari Thuo

Applicant

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the court should issue a presumption of death in respect of Lawrence Kimani Thuo under Section 118A of the Evidence Act.

Ratio Decidendi

The court found that the applicants had adduced sufficient evidence to satisfy the requirements of Section 118A of the Evidence Act. The missing person, Lawrence Kimani Thuo, had not been heard from for over 24 years despite diligent efforts by his family, including searches, police reports, and public notices. The area chief confirmed the disappearance, and several family members corroborated the absence. No evidence was presented to rebut the presumption of death. Therefore, the court held that the statutory presumption of death applies and granted the orders sought.

Court Disposition

application allowed

Orders

  • The application dated 2nd July 2024 is allowed in terms of prayers 1 and 2, granting presumption of death and issuance of certificate under Section 118A of the Evidence Act.
  • No order as to costs.