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The High Court annulled a confirmed grant after finding the rice holding was government land under licence, not part of the deceased’s free property.
In re Presumption of Death of Guru (Miscellaneous Application E074 of 2026) [2026] KEHC 12719 (KLR) (Family) (30 July 2026) (Ruling)
The court found that the applicant produced sufficient evidence showing that Moses Maina Gutu had been missing and unheard of for nine years, that reasonable searches and police reports had been made, and that no contrary evidence had been offered. The statutory threshold under section 118A of the Evidence Act was satisfied, so the rebuttable presumption of death arose and the consequential administrative order could issue.
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Matuku (Miscellaneous Application E091 of 2025) [2026] KEHC 10406 (KLR) (13 July 2026) (Ruling)
The application failed because the applicant did not produce credible evidence proving that John Matuku Mumo had been missing and unheard of for at least seven years by persons who would naturally be expected to hear from him. The chief’s letter only confirmed a desertion claim surfaced in 2025, not continuous absence since 1996, and there was no reliable evidence of a police report or broader tracing efforts. The court therefore declined to presume death and struck out the application.
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In re Presumption of Death of James Kariuki Gitahi (Miscellaneous Application 47 of 2025) [2026] KEHC 9978 (KLR) (2 July 2026) (Ruling)
The applicant proved that James Kariuki Gitahi had been missing since January 2018, had not been heard from by his nuclear family or any other person for more than seven years, and that exhaustive but unsuccessful tracing efforts were undertaken through police, local administration, and media without contradiction. That evidence satisfied the statutory test under section 118A of the Evidence Act, and the presumption of death remained unrebutted.
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In re Estate of Shirekule (Deceased) (Succession Cause 592 of 2005) [2026] KEHC 8959 (KLR) (17 June 2026) (Ruling)
The court declined to confirm the grant because the Public Trustee failed to place sufficient evidence before the court proving the identities and relationship of all purported beneficiaries to the deceased, and because David Ambunya Ambetsa could not be excluded from succession without evidence or a legal declaration of death. Without proof of entitlement, the proposed distribution was unsafe and premature.
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In re Estate of the Late Jamin Inyanda Kadambi alias Inanda (Deceased) (Succession Cause 116 of 2021) [2026] KEHC 7296 (KLR) (28 May 2026) (Ruling)
Although the court found the evidence insufficient to conclusively establish the death of Florence Ngoseywe, it exercised its discretion to confirm the grant subject to strict protective conditions. The administrator was to hold the estate properties in trust, file proof of death for Margaret Makungu Ndori, regularize her appointment as sole administrator, and proceed in accordance with the law pending clarification of the absent beneficiary’s status.
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In re Presumption of Death of Shivulu (Family Originating Summons E002 of 2026) [2026] KEHC 7251 (KLR) (28 May 2026) (Ruling)
The applicant proved that Musa Shivulu had not been heard from for well over seven years by persons who would naturally have heard from him, and the unexplained absence for over five decades satisfied section 118A of the Evidence Act. The court therefore presumed him dead and ordered registration of the death and issuance of a death certificate.
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In re Richard Kipkurui Sitonik (Miscellaneous Application E011 of 2025) [2026] KEHC 6621 (KLR) (18 May 2026) (Ruling)
The court found that the disappearance from 2014 was well beyond the permissible period for presumption of death and there was no basis to doubt the record; the application was therefore allowed.
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In re Ngaulo Lemeru Mukire (Missing Person) (Miscellaneous Civil Application E357 of 2025) [2026] KEHC 5570 (KLR) (28 April 2026) (Ruling)
The High Court at Eldoret presumed Ngaulo Lemeru Mukire dead after more than 34 years missing, and ordered issuance of a death certificate for succession.
In re Godfrey Mukathe Maciika (Miscellaneous Civil Application E004 of 2024) [2026] KEHC 5395 (KLR) (27 April 2026) (Ruling)
The application was premature as the statutory period of seven years had not lapsed, and the applicant had not exhausted all lawful procedures, including a magistrate's inquiry as required under the Criminal Procedure Code. The evidence presented was insufficient to presume the subject dead before the statutory period.
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