In re Gachau (Miscellaneous Application E023 of 2025) [2026] KEHC 3149 (KLR) (11 March 2026) (Ruling) Neutral citation: [2026] KEHC 3149 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYANDARUA MISCELLANEOUS APPLICATION E023 OF 2025 KW KIARIE, J MARCH 11, 2026 IN THE MATTER OF THE DECLARATION OF THE DEATH OF BENJAMIN KAIRU GACHAU IN THE MATTER OF MARY MURINGI KAIRU ...................................................................... APPLICANT RULING 1. Mary Muringi Kairu, the applicant and wife of Benjamin Kairu Gachau, filed the Notice of Motion on November 6th, 2025. She is requesting a presumption of her husband's death, claiming she has not had any contact with him for 17 years. 2. Whenever a party requests the court to consider attached documents in the supporting affidavit, those documents must be clearly legible. Given the sensitive nature of the matter and the specific orders sought, I find the assistant chief's letter unclear. 3. I am therefore unable to decide either way. DELIVERED AND SIGNED AT NYANDARUA, THIS 11TH DAY OF MARCH 2026 KIARIE WAWERU KIARIE JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3149/eng@2026-03-11 1
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