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V R M v. M R M & A M M

(2006) JELR 96466 (CA)

Court of Appeal  •  Civil Appeal 311 of 2002  •  16 Jun 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

On 3rd March, 1999 the body of G J M (hereinafter “the deceased” ) was found in a sitting position on his bed in his rural home in [particulars withheld] village, Embu. A postmortem conducted on it established the cause of death as “asphyxia due to strangulation”. There is nothing on record to establish who, if anyone, was responsible for the death. In his 65-year life-time the deceased had numerous public responsibilities including being a former Member of Parliament for Embu North Constituency, Vice-chairman of the Coffee Board of Kenya, branch manager of the Cotton Lint and Seed Marketing Board, political party official, and a national sports official among others. Indeed the national Order of Merit award of the Grand Warrior (O.G.W.) was conferred on him in 1997 for his public service. By the time of his death however, he had largely retired into private farming and business. His estate was also extensive. There were no less than 23 parcels of land spread over…

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