[2025] KEHC 7601 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 7601 (KLR)
- Parties
- Applicant: Benter Auma Okeyo; Applicant: Matha Atieno Awacho; Applicant: Monica Adhiambo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 159 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benter Auma Okeyo
Applicant
Matha Atieno Awacho
Applicant
Monica Adhiambo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of the Civil Procedure Act to withdraw the file and order its transfer, ensuring that the matter would be heard in the court with proper jurisdiction and in a manner that facilitates access to justice for the parties involved.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate Boaz Odipo Onyango alias Boaz Henry Onyango (Deceased) (Miscellaneous Succession Application 159 of 2025) [2025] KEHC 7601 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7601 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 159 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF BOAZ ODIPO ONYANGO alias BOAZ HENRY ONYANGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY: BENTER AUMA OKEYO, MATHA ATIENO AWACHO and MONICA ADHIAMBO - APPLICANTS
(From Original Maseno Senior Principal Magistrate Succession Cause No. E179 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 10/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE