By Kenn Bett in Meru
A man has moved to the High court in Meru asking it to presume his father is dead after missing for 21 years.
James Karani wants the court declare his father David Karani Macharia death and a certificate of death be issued.
In an affidavit filed in court Mr Karani said his father who was 70 years old when he disappeared in Isiolo on April 16, 1999, had a mental condition.
He hailed from Kieni East ,Nyeri county but on the fateful day he had travelled to Isiolo to seek medical attention as he was suffering from dementia- a mental disease caused by brain disease or injury, before he disappeared mysteriously without trace.
The septuagenarian was wearing a black hat, white striped shirt, a pair of brown trousers and yellow shoes when he was last seen before he disappeared into thin air.
The family reported he was missing at Isiolo police station under occurrence book (OB) 22/12/4/99.
The family members have made frantic searches and inquiries everywhere in vain.
Mr Karani said he suspected his father might have died during the clashes in Isiolo at the time.
The family cannot file for succession to the estate he left behind in the absence of a death certificate since no proof of death exists.
The family has invoked the Evidence act in the application stating that a person who goes missing for seven years is presumed dead.
A presumption of death is made where it is proved that a person has not been seen or heard for seven years by close relatives who might have been expected to have heard of him.
“It’s now my twentieth year without hearing from my father. The family can’t file the succession to the estate in the absence of death certificate since no proof of death exists.
I’m seeking an order that a certificate or order of presumption of death of David Macharia Karani,’’ he said in his supporting affidavit.
The matter will be heard on October 7 this year.
