[2025] KEHC 8038 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the matter should be transferred from Kisumu Law Courts to Maseno Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article...
Source-derived case information.
- Citation
- [2025] KEHC 8038 (KLR)
- Parties
- Applicant: Shirley Mercy Nafula
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 293 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Maseno Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shirley Mercy Nafula
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Kisumu Law Courts to Maseno Law Courts for hearing and determination.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the matter should be transferred from Kisumu Law Courts to Maseno Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was deemed necessary to ensure that the matter is heard in the appropriate forum and that parties are not unduly inconvenienced, thereby upholding the right to access justice.
Court Disposition
Application for transfer granted; file transferred to Maseno Law Courts.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate Caren Awino Nyanengo (Deceased) (Miscellaneous Succession Application 293 of 2025) [2025] KEHC 8038 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8038 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 293 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF CAREN AWINO NYANENGO - (DECEASED) AND IN THE MATTER OF AN APPLICATION SHIRLEY MERCY NAFULA- APPLICANT
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. 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 Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Maseno Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE