[2025] KEHC 7405 (KLR)
The court found that, in accordance with the principle of access to justice under Article 48 of the Constitution and the powers conferred by section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction...
Source-derived case information.
- Citation
- [2025] KEHC 7405 (KLR)
- Parties
- Plaintiff: Leila Akacho; Plaintiff: Jacinta A Onesi; Defendant: Dan Ouma Oyola; Defendant: Joshua Ouma Oyola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 21 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit
- Outcome
- Application allowed; suit transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Access to Justice
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leila Akacho
Plaintiff
Jacinta A Onesi
Plaintiff
Dan Ouma Oyola
Defendant
Joshua Ouma Oyola
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Maseno Law Courts have territorial jurisdiction to hear the matter.
- 2 Whether the suit should be transferred to Kombewa Law Courts for hearing and determination.
Ratio Decidendi
The court found that, in accordance with the principle of access to justice under Article 48 of the Constitution and the powers conferred by section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and determined that Kombewa Law Courts was the proper forum for the hearing and determination of the matter. No opposition was raised by the respondents, and the transfer would facilitate the efficient administration of justice.
Court Disposition
Application allowed; suit transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Mention on 9/6/2025 before the Head of Station, Kombewa Law Court for further directions.
Full Case Text
Judgment text and source record
23 paragraphs
Akacho & another v Oyola & another (Civil Miscellaneous Application 21 of 2025) [2025] KEHC 7405 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7405 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous Application 21 of 2025
A Mabeya, J
June 3, 2025
Between
Leila Akacho
1st Plaintiff
Jacinta A Onesi
2nd Plaintiff
and
Dan Ouma Oyola
1st Defendant
Joshua Ouma Oyola
2nd Defendant
(From Original Maseno Senior Principal Magistrate Civil Case No. E083 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. In accordance with the principle of access to justice under Article 48 of the Constitution of Kenya, I hereby exercise the jurisdiction of this Court under section 18 of the Civil Procedure Act and hereby have this file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
2. Mention on 9/6/2025 before the Head of Station, Kombewa Law Court for further directions.
3. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE