In re Estate of M’miriti Thiora (Deceased) [2019] KEHC 9398 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE NO. 65 OF 1999

IN THE MATTER OF THE ESTATE OF M’MIRITI THIORA (DECEASED)

CHARLES MURANGIRI.................PETITIONER

VERSUS

FESTUS KING’ORI...........................OBJECTOR

In open court on 13th March, 2019 Before Hon. Justice A. Mabeya

O R D E R

ITS HEREBY ORDERED

1) Summons hereby issues to Samson Iringo former Chief of Kariene Location and John Murithi Chief – Kiria Location to appear and testify on their letters dated 26/02/1999 and 06/03/2019, respectively.

2) The parties in this case have produced 2 different and contradictory death certificate for the same alleged deceased. It is therefore imperative to confirm the authenticity of the said documents.

3) The DCIO, Imenti North is hereby directed to: -

i. Take statements from Charles Murangiri of 0710xxxxxx and Festus Kingori Miriti C/o Tel No. 0718xxxxxx on the sources of Death Certificate. ID Nos 483173 and 494528.

ii. Take statement from M.M Gitau the Registration officer who is said to have registered the two Deaths on two different occasions as set out in the said Death Certificates.

iii. Take statement from the Registrar of Deaths, Meru regarding the authenticity of the Death Certificate B. Nos. 494528 and 483173.

iv. Verify from the registrar of Deaths Meru, which is the correct date of death of M’Miriti Thiora, if at all.

v. Make a report to this court whether in view of Nos. (i) to (iv) above any Criminal offence have been committed and by who.

vi. The Report be filed with this court within 30 days of the date hereof.

vii. For hearing on 12/06/2019.

GIVEN UNDER MY HAND AND THE SEAL OF THIS HONOURABLE COURT ON THIS 13th DAY OF MARCH, 2019

ISSUED AT MERU THIS………………DAY OF ………………….……....2019

DEPUTY REGISTAR

MERU HIGH COURT