[2025] KEHC 7406 (KLR)

[2025] KEHC 7406 (KLR)

The court found that, in the interest of access to justice and in accordance with the geographical jurisdiction of the subordinate courts, the suit should be transferred from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act, holding that the...

Source-derived case information.

Citation
[2025] KEHC 7406 (KLR)
Parties
Plaintiff: Milicent Akinyi Bonyo; Defendant: Kenya Kazi Services
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 16 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
en
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Milicent Akinyi Bonyo

Plaintiff

Kenya Kazi Services

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the matter.
  2. 2 Whether the suit should be transferred to Kombewa Law Courts to facilitate access to justice.

Ratio Decidendi

The court found that, in the interest of access to justice and in accordance with the geographical jurisdiction of the subordinate courts, the suit should be transferred from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act, holding that the transfer would better serve the parties and the administration of justice. There being no opposition to the application and the legal basis for transfer being established, the court ordered the transfer and marked the file as closed.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.