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Original judgment

Republic v Secretary Civil Registration Services

Republic v Secretary Civil Registration Services (Miscellaneous Application E302 of 2025) [2025] KEHC 17604 (KLR) (Civ) (27 November 2025) (Ruling) Neutral citation: [2025] KEHC 17604 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS APPLICATION E302 OF 2025 HK CHEMITEI, J NOVEMBER 27, 2025 IN THE MATTER OF SUCCESSION CAUSE NO. E153 OF 2025 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND SECRETARY CIVIL REGISTRATION SERVICES .......................... RESPONDENT RULING 1. In her Chamber Summons application dated 5th September 2025 the Applicant seeks orders that:(a) The Honorable Court be pleased to grant leave to the Applicant to apply for an order of mandamus directed at the Respondent and compelling him within 21 days to issue the Applicant a Kenyan Death Certificate in respect to the late Nicholas Osaretin Imudia pursuant to the ruling and order issued on 29th May 2025 in Milimani High Court Misc. Cause No. E153 of 2025 Family Division allowing the Applicant to file letters of administration intestate of the Estate of the late Nicholas Osaretin Imudia (Deceased) using his Foreign Death Certificate. 2. The application is based on the statutory statement together with the verifying affidavit of Marita Anni Elina Imudia of even date. 3. I have perused the application as well as the correspondences between the Applicant and the Respondent in respect to the subject matter. I do not see any reason to disallow the same which in essence shall grant the Respondent the opportunity to argue its objection to the granting of the Kenyan Certificate of Death appropriately. 4. The application is granted as prayed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17604/eng@2025-11-27 1

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5. Costs shall await the outcome of the main application. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 27TH DAY OF NOVEMBER 2025. ................................................ H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17604/eng@2025-11-27 2

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