[2025] KEHC 7784 (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 transfer was ordered under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 7784 (KLR)
- Parties
- Applicant: Maurice Otieo Andeto
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 125 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 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
Maurice Otieo Andeto
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear 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 transfer was ordered under section 18 of the Civil Procedure Act to ensure the matter is heard in the proper forum and to facilitate access to justice as required by 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Andeto Odero Ogalo alias Ramanus Andeto Odero (Deceased) (Miscellaneous Succession Application 125 of 2025) [2025] KEHC 7784 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7784 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 125 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF ANDETO ODERO OGALO alias RAMANUS ANDETO ODERO (DECEASED)
In the matter of
Maurice Otieo Andeto
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E354 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.
DATEDAND DELIVEREDAT KISUMU THIS 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE