In Re Matter Of Presume Of The Death Of Kimani Gituanja [2014] KEHC 7830 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

FAMILY DIVISION

MISC. CAUSE NO. 23 OF 2010

IN THE MATTER OF AN APPLICATION BY MICHAEL MUNGAI KIMANI, STEPHEN NJUGUNA KIMANI, ELIUD MBUGUA KIMANI, JOHN CHEGE KIMANI, JAMES WAITITU KIMANI, DENNIS MURIITHI KIMANI AND GEORGE NJOROGE KIMANI

IN THE MATTER OF PRESUME OF THE DEATH OF KIMANI GITUANJA

RULING

1.   The motion dated 17th December 2013 seeks the joinder of the applicant as interested party to the Originating Summons dated 13th February 2012.

2.  The said Motion was served on the respondents on 10th March 2014.  There is an affidavit of service on record sworn by one Johnstone Kioko Nzivu on 19th March 2014, which shows that a copy of the Motion was received at the offices of G.E.O. Oluoch, Advocate, on 10th March 2014, a signature was affixed and a stamp embossed on the reverse of the copy of the Motion to acknowledge receipt.

3.  The respondents have not filed replies to the Motion.  I shall therefore treat it as unopposed.

4.  I have skimmed through the contents of the application.  I am satisfied that the applicant is no doubt sufficiently connected to and interested in the subject of the Originating Summons dated 13th February 2012.  It would be proper to enjoin her as an interested party in those proceedings.

5.  Consequently, the application by way of the Notice of Motion dated 17th December 2013 is hereby allowed in the terms proposed by the applicant.

DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April, 2014.

W. MUSYOKA

JUDGE

In the presence of Mr. Musingu advocate for the applicants.