Kenya family law:Presumption of death and dissolution of marriage
Proceedings for decree of presumption of death and dissolution of marriage-Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make a decree of presumption of death and of dissolution of the marriage.In any such proceedings the fact that for a period of seven years or upwards the other party to the marriage has been continually absent from the petitioner, and that the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved.
Admin