He flew out nine years ago, never heard from him again

Dear Harold,

My husband flew abroad nine years ago to look for greener pastures and I have never heard from him since then. We have spent colossal amounts of money in trying to trace him by hiring private investigators and placing ads in the newspaper and TV in vain. I have given up on looking for him and I think it’s time I accept he might never come back. I’m looking into getting married again, however, I am confused as we were married in church and have a valid marriage certificate. What should I do?

Patricia, Nairobi

Dear Patricia,

You can present a petition at the High Court seeking orders to presume your husband dead and have the marriage dissolved.

Legally, a person who has been unheard of for a continuous period of seven years may be presumed dead. A spouse whose partner has been unheard of for that period can seek court orders for presumption of death and dissolution of marriage before re-marrying. According to law, only death or a court order can end a marriage. The High Court has made several orders on presumption of death including the recent one on Tom Obuon who disappeared without a trace for over 14 years. Lady Justice Abida Ali-Aroni ordered that Obuon be presumed dead and a certificate of presumption of death issued. Lady Justice Ali-Aroni said that evidence on record showed that efforts used to trace Obuon were fruitless since he last walked out of his house in South B, Nairobi on August 10, 1995. His family made reports to the police, placed advertisements in the mainstream newspapers and searched all mortuaries for his body without success.