In re Ngaulo Lemeru Mukire (Missing Person) (Miscellaneous Civil Application E357 of 2025) [2026] KEHC 5570 (KLR) (28 April 2026) (Ruling)

In re Ngaulo Lemeru Mukire (Missing Person) (Miscellaneous Civil Application E357 of 2025) [2026] KEHC 5570 (KLR) (28 April 2026) (Ruling)

Ngaulo Lemeru Mukire has been missing for over 34 years without any trace or communication. The Applicant has complied with all procedural requirements, including public notices and police reports. The legal threshold under Section 118A of the Evidence Act for presumption of death is met, and the order is granted.

Source-derived case information.

Citation
[2026] KEHC 5570 (KLR)
Parties
Applicant: William Lamaiyan Ngaulo; Subject (missing Person): Ngaulo Lemeru Mukire
Court
High Court
Jurisdiction
Kenya
Judgment Date
28 April 2026
Case Number
Miscellaneous Civil Application E357 of 2025
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Presumption of Death
Outcome
Application allowed. Ngaulo Lemeru Mukire is presumed dead.
Legal Topics
Presumption of Death, Missing Persons, Succession Proceedings
Source Language
english
Succession Law Evidence Law Presumption of Death Missing Persons Succession Proceedings

Source-derived case record

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Parties

William Lamaiyan Ngaulo

Applicant

Ngaulo Lemeru Mukire

Subject (missing Person)

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Presumption of Death

Legal Issues

  1. 1 Whether Ngaulo Lemeru Mukire should be presumed dead under Section 118A of the Evidence Act
  2. 2 Whether the Applicant is entitled to orders for issuance of a death certificate for succession purposes

Ratio Decidendi

Ngaulo Lemeru Mukire has been missing for over 34 years without any trace or communication. The Applicant has complied with all procedural requirements, including public notices and police reports. The legal threshold under Section 118A of the Evidence Act for presumption of death is met, and the order is granted.

Court Disposition

Application allowed. Ngaulo Lemeru Mukire is presumed dead.

Orders

  • Ngaulo Lemeru Mukire is presumed dead under Section 118A of the Evidence Act.
  • The County Lands Registrar – Uasin Gishu County to issue a Death Certificate for Ngaulo Lemeru Mukire for succession purposes.