In re Application of Declaration of Death of Meshack Kakuta Kingi - Deceased (Miscellaneous Case E094 of 2024) [2025] KEHC 13691 (KLR) (Civ) (2 October 2025) (Judgment) Neutral citation: [2025] KEHC 13691 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS CASE E094 OF 2024 HK CHEMITEI, J OCTOBER 2, 2025 IN THE MATTER OF AN APPLICATION OF DECLARATION OF DEATH OF MESHACK KAKUTA KINGI (DECEASED) IN THE MATTER OF HELLEN MUNINI WAEMA ............................................................. 1ST APPLICANT CYRUS MUTUNGI KAKUTA ......................................................... 2ND APPLICANT SYLVESTER MUTHIANI ................................................................. 3RD APPLICANT HEZRON KINGI ............................................................................... 4TH APPLICANT JUDGMENT 1. In their application dated 22nd March 2024 the Applicants are seeking orders that:(a) Meshack Kakuta Kingi be and is hereby presumed dead. (b) The court do order the Registrar of Births and Deaths to issue Death Certificate in respect of Meshack Kakuta Kingi. (c) Any other orders of the court. 2. The application is based on the grounds thereof and the sworn affidavit of the 1st Applicant dated the same date and a further affidavit sworn on 25th April 2025. 3. There are also sets of authorities signed by the rest of the Applicants in support of the application. 4. Briefly the Applicants aver that they are the wife, sons and brothers of Meshack Kakuta Kingi who disappeared sometimes in the year 2007 and to date he has never been seen. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13691/eng@2025-10-02 1
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5. The Applicants have attached a letter from the Kalamba Assistant Chief’s office dated 15th November 2023 as well as the copy of the Occurrence Book (OB) from police station. 6. From the averments in the affidavits, it appears that for over ten years the said person has never been seen or traced despite all diligence. 7. In the premises I do find merit in the application and the same is hereby allowed as prayed. 8. Costs in the cause, DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 2ND DAY OF OCTOBER 2025. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13691/eng@2025-10-02 2
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