Presumed Death: Legal Definition & Registration Process in Kenya

A person is presumed dead in Kenya, if it is proven in court that they have not been heard from for seven years by those who would likely have heard from them if they were alive.

A court can issue a presumption of death order for a missing person.

Kenyan law on presumed death is outlined in Section 118A of the Evidence Act, which states: "Where it is proved that a person has not been heard of for seven years by those who might be expected to have heard of him if he were alive, there shall be a rebuttable presumption that he is dead."

It is commonly accepted that there are two ways to establish the presumption: 

1. By evidence that the person did not communicate with those likely to hear from him or her during the seven years; or
2. By evidence that after seven years, an independent search revealed no trace of him or her within or outside the jurisdiction of the court where the application has been filed for determination.

Sufficient evidence must be presented in court to prove the presumption of death.

To have someone legally declared presumed dead, an application must be submitted to the court.

The application needs to be supported by substantial evidence, which typically includes;

1. Police reports,
2. Newspaper advertisements seeking information about the missing person, and
3. Affidavits from family members or friends attesting to their absence and circumstances.

Once the court is satisfied with the evidence, it may order the Registrar of Births and Deaths to issue a death certificate.

You can make a claim if you’re the missing person’s:

1. Spouse or civil partner
2. Parent
3. Child
4. Sibling

If none of these apply, you’ll need to prove to the court that you have enough of a connection to the missing person , for example you’re a distant relative and you have a birth certificate to prove it.

The Process of Registering a Presumed Death involves several steps:

1. Ecitizen Portal: This service allows you to pay for the certificate to be processed. After payment, present the invoice or receipt at the pickup location with the required documents for processing.
2. Physically Submit to the Registrar of Births and Deaths or any Huduma Centre: Submit the court order to the Registrar of Births and Deaths, who will then issue a death certificate.

To complete the registration process, several documents and requirements must be provided:

1. Court Order Declaration: A declaration from the court regarding the presumption of death.
2. Court Proceeding Documents: Official records from any relevant court proceedings.
3. Police Report: An official report concerning the missing person filed with law enforcement.
4. Assistant Chief Report: A report from the assistant chief about the missing person.
5. Gazette Advertisement: A published advertisement in a gazette regarding the missing person.

 Any other evidence related to the missing person as specified by the registrar.

Civil Registration Services (CRS)