In re John Njuguna Muthaki (Deceased) [2017] KEHC 4985 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

MISC. CIVIL APPLICATION NO. 2 OF 2017

JOSEPH MUTHAKI NJUGUNA ………APPLICANT

RULING

1. An application by way of Notice of Motion dated 29th March, 2017. The applicant JOSEPH MUTHAKI NJUGUNA seeks an order for the exhumation of the remains of his late father JOHN NJUGUNA MUTHAKI (deceased).What however is lacking in that application, and as a consequence this court was unable to write the judgment for today is the title of the land from where the remains of John Njuguna  Muthaki deceased are to be removed from, and additionally the consent of the owner of that land from where the exhumation is to be carried out.

2. The applicant is granted leave to file a further affidavit attaching evidence of ownership, and the consent of the owner, where the deceased’s body was buried and is now to be removed.

3. At the reading of this Ruling the court shall give a date for mention when the court shall confirm the filing of the further affidavit.

Dated and Delivered at Nanyuki this 22nd day of JUNE, 2017

MARY KASANGO

JUDGE

Coram

Before Justice Mary Kasango

Court Assistant Njue/Mariastella

Applicant …………………………………………

For applicant …

COURT

Ruling delivered in open court

MARY KASANGO

JUDGE