[2025] KEHC 8078 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court found that Kombewa Law Courts had the appropriate geographical jurisdiction and that the transfer would better serve the constitutional...
Source-derived case information.
- Citation
- [2025] KEHC 8078 (KLR)
- Parties
- Applicant: Richard Deya Aliwa; Respondent: Estate of Aoko Oremo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 221 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Deya Aliwa
Applicant
Estate of Aoko Oremo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate 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 cause from Maseno Law Courts to Kombewa Law Courts. The court found that Kombewa Law Courts had the appropriate geographical jurisdiction and that the transfer would better serve the constitutional imperative of access to justice as enshrined in Article 48 of the Constitution. The court ordered the file withdrawn from Maseno and transferred to Kombewa for hearing and determination, and directed that the parties be notified accordingly.
Court Disposition
Application for transfer of proceedings allowed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Aoko Oremo (Deceased) (Miscellaneous Succession Application 221 of 2025) [2025] KEHC 8078 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8078 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 221 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF AOKO OREMO -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY RICHARD DEYA ALIWA - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E452 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 Constitutionof 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.