[2025] KEHC 8036 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice under Article 48, it was appropriate to transfer the file from Kisumu Law Courts to Winam Law Courts. The transfer was ordered pursuant to section 18...
Source-derived case information.
- Citation
- [2025] KEHC 8036 (KLR)
- Parties
- Applicant: Catherine Mikoli Shemechero
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 295 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Winam Law Courts; file marked as closed.
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Catherine Mikoli Shemechero
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Winam Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice under Article 48, it was appropriate to transfer the file from Kisumu Law Courts to Winam Law Courts. The transfer was ordered pursuant to section 18 of the Civil Procedure Act, ensuring that the matter would be heard in the court with proper jurisdiction and that parties would have better access to justice.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Winam Law Courts; file marked as closed.
Orders
- This file is withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.
- The parties be notified.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate Dymphyna Shiyayo Shimechero (Deceased) (Miscellaneous Succession Application 295 of 2025) [2025] KEHC 8036 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8036 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 295 of 2025
A Mabeya, J
June 9, 2025
SUCCESSION MISC. APPLICATION NO. 295 OF 2025
IN THE MATTER OF THE ESTATE OF DYMPHYNA SHIYAYO SHIMECHERO -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION CATHERINE MIKOLI SHEMECHERO - APPLICANT
(From Original Kisumu Chief Magistrate Succession Cause No. E067 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam. 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 Winam Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Winam Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE