[2025] KEHC 8024 (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 jurisdiction under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 8024 (KLR)
- Parties
- Applicant: Erick Juma Ayieko; Applicant: David Omondi Ayieko; Applicant: Simon Sede Ayieko
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 233 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
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Parties
Erick Juma Ayieko
Applicant
David Omondi Ayieko
Applicant
Simon Sede Ayieko
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have geographical jurisdiction over the succession cause.
- 2 Whether the file 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 jurisdiction under section 18 of the Civil Procedure Act to order the transfer, ensuring that the matter would be heard in the court with proper territorial jurisdiction and that parties would have better access to justice as required by Article 48 of the Constitution.
Court Disposition
Application for transfer of proceedings granted.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Ada Orege Jagero alias Ada Orege (Deceased) (Miscellaneous Succession Application 233 of 2025) [2025] KEHC 8024 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8024 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 233 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF ADA OREGE JAGERO alias ADA OREGE -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY ERICK JUMA AYIEKO, DAVID OMONDI AYIEKO & SIMON SEDE AYIEKO - APPLICANTS
(rom Original Maseno Senior Principal Magistrate Succession Cause No. E283 of 2025)
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 16/6/2025 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE