[2025] KEHC 7396 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7396 (KLR)
- Parties
- Applicant: Molline Antipa Oloo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 62 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Molline Antipa Oloo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer promotes access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48 of the Constitution. The transfer was deemed necessary to facilitate the efficient hearing and determination of the matter and to ensure that parties have reasonable access to the court. The file was accordingly withdrawn from Maseno and transferred to Kombewa for further proceedings.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Antipa Oloo Oloo (Deceased) (Miscellaneous Succession Application 62 of 2025) [2025] KEHC 7396 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7396 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 62 of 2025
A Mabeya, J
June 3, 2025
In the matter of
Molline Antipa Oloo
Petitioner
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