[2025] KEHC 7364 (KLR)
The High Court determined 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under...
Source-derived case information.
- Citation
- [2025] KEHC 7364 (KLR)
- Parties
- Applicant: Nicholas Gumba Agutu; Respondent: Estate of Agutu Odhiro alias Japheth Agutu Odhiro (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 106 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; succession cause transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- 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
Nicholas Gumba Agutu
Applicant
Estate of Agutu Odhiro alias Japheth Agutu Odhiro (Deceased)
Respondent
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 High Court determined 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to ensure the matter is heard in the most suitable forum, thereby upholding the right to access to justice as enshrined in Article 48 of the Constitution.
Court Disposition
Application for transfer of proceedings allowed; succession cause 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 are to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Agutu Odhiro alias Japheth Agutu Odhiro (Deceased) (Miscellaneous Succession Application 106 of 2025) [2025] KEHC 7364 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7364 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 106 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF AGUTU ODHIRO ALIAS JAPHETH AGUTU ODHIRO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY NICHOLAS GUMBA AGUTU - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E327 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 9/6/2025 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 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE