[2025] KEHC 6565 (KLR)

Parties

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

1. 1 Whether the High Court should transfer the suit from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
2. 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.

Ratio Decidendi

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted under 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 and convenience for the parties, and determined that Kombewa Law Courts was the proper forum for hearing and determination of the matter. There being no opposition to the application, and no legal impediment to the transfer, the court exercised its discretion to order the transfer and marked the file as closed at the High Court level.

Court Disposition

Application for transfer 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• The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.