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Kenya decisions
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In re Priscillar Nyambura Githeru (Missing Person) [2025] KEHC 8012 (KLR)
The High Court presumed Priscillar Nyambura Githeru dead after about 17 years missing, and directed entry of the death in the register and issuance of a certificate.
Thuo & another [2025] KEHC 4548 (KLR)
The court found that the requirements of Section 118A of the Evidence Act were satisfied, specifically that the missing person had not been heard of for over seven years by those expected to hear from him, and sufficient evidence was presented to support the presumption of death.
Source excerpt
In re Presumption of Death of Daniel Main Karanja [2024] KEHC 13576 (KLR)
The High Court clarified that Daniel Maina Karanja’s presumption of death date is 28 April 2021, for purposes including pension processing.
Ngugi & another v Registrar of Births and Deaths Nairobi District & 2 others [2024] KEHC 14355 (KLR)
The High Court presumed Peter Njuguna Ngugi dead after he had not been heard from for 24 years, applying section 118A of the Evidence Act.
In re Presumption of Death of John Muriithi Maina [2023] KEHC 24078 (KLR)
The High Court presumed John Muriithi Maina dead after he had been missing since October 2006, and ordered issuance of a death certificate with no costs.
In re Application for Presumption of Death of Richard Bisonga Nyagwansa (Presumed Dead) [2023] KEHC 17400 (KLR)
The High Court presumed Richard Bisonga Nyagwansa dead after finding he had not been heard from for ten years and ordered issuance of a death certificate.
In re Evans Kusienya [2022] KEHC 15865 (KLR)
The High Court found that a missing Kenya Defence Forces officer had not been heard from for 12 years and presumed him dead under section 118A of the Evidence Act.
In re application for an order of presumption of death of Sebastian Wachira [2022] KEHC 11234 (KLR)
The High Court presumed Sebastian Wachira dead after evidence showed he had been missing and unheard of for more than 37 years, but declined to order issuance of a death certificate.
In the matter of James Mwangi Ndung’u (Deceased) [2021] KEHC 4533 (KLR)
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.
In re Estate of Njoroge Mwaniki Gichamba (Diseased) [2021] KEHC 13313 (KLR)
The High Court presumed a missing man dead after evidence showed he had not been heard from since 1997, and ordered issuance of a death certificate.
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