Kenya Case Law

In re Presumption of Death of MNO

In re Presumption of Death of MNO [2025] KEHC 7733 (KLR)

Court

High Court

Case number

Civil Miscellaneous Application E082 of 2025

Judge

A Mabeya

The court found that MNO had not been heard from by his close relatives for a period of 40 years, far exceeding the statutory minimum of seven years required under section 118 of the Evidence Act for a presumption of death. The applicants provided sworn affidavits, a letter from the Chief, and a Police Abstract confirming the disappearance and the efforts made to trace MNO. The court held that the legal threshold for presumption of death had been met, and in the absence of any evidence to the contrary, granted the declaration sought. The court further directed that a certificate of death be i…

Source excerpt

• Presumption Of Death
• Missing Persons
• Burden Of Proof
• Declarations
• Evidence Act Application

In the matter of James Mwangi Ndung’u (Deceased)

In the matter of James Mwangi Ndung’u (Deceased) [2021] KEHC 4533 (KLR)

Court

High Court

Case number

Miscellaneous Civil Case 78 of 2019

The High Court declared James Mwangi Ndung’u presumed dead after evidence showed he had been missing since 12 August 2012 and no one had heard from him for over seven years.

• Presumption Of Death
• Missing Persons
• Declarations
• Evidence Act Section 118a
• Presumption-of-death
• Missing-persons

Walter Joe Mburu v Abdulshakoor Sheikh, Opus Investment Ltd, National Socil Security Fund & Commissioner of Lands & Registrar of Titles

Walter Joe Mburu v Abdulshakoor Sheikh, Opus Investment Ltd, National Socil Security Fund & Commissioner of Lands & Registrar of Titles [2015] KECA 94 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 95 of 2002

Judges

AM Githinji, FI Koome

The Court of Appeal dismissed an appeal against a ruling striking out a land claim as time barred under the Limitation of Actions Act.

• Limitation Of Actions
• Striking Out Of Suit
• Fraudulent Transfer Of Land
• Specific Performance
• Declarations
• Unlawful Eviction

Francis Ngambi Rukomia v Gabriel Gikuma Maina, District Land Registrar – Nakuru, Senior Resident Magistrate- Nakuru & District Surveyor - Nakuru

Francis Ngambi Rukomia v Gabriel Gikuma Maina, District Land Registrar – Nakuru, Senior Resident Magistrate- Nakuru & District Surveyor - Nakuru [2015] KEELC 128 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 229 of 2013

Judge

MA Silau

The court struck out a civil suit seeking declarations that a magistrate’s criminal-court boundary orders were illegal, holding the proper route was appeal, revision, or judicial review.

• Abuse Of Process
• Declarations In Civil Suits
• Boundary Disputes
• Jurisdiction Of Civil Courts
• Abuse-of-process
• Appeal-and-revision

REPUBLIC v SIAYA DISTRICT LAND TRIBUNAL Exparte WILLIAM OCHIENG OLIECH & another

REPUBLIC v SIAYA DISTRICT LAND TRIBUNAL Exparte WILLIAM OCHIENG OLIECH & another [2011] KEHC 756 (KLR)

Court

High Court

Case number

Judicial Review 56 of 2010

The High Court struck out a judicial review application for being improperly intituled and for seeking an unavailable declaratory remedy, without reaching the tribunal’s jurisdiction.

• Jurisdiction Of Land Tribunal
• Judicial Review Remedies
• Intituling Of Proceedings
• First Registration Of Land
• Judicial-review
• Improper-intituling