[2025] KEHC 8103 (KLR)
The High Court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the Court ordered the...
Source-derived case information.
- Citation
- [2025] KEHC 8103 (KLR)
- Parties
- Applicant: Ema Akoth Otieno; Respondent: Arara Amata (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 292 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 Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ema Akoth Otieno
Applicant
Arara Amata (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Maseno Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the Court ordered the transfer of the file from Kisumu Law Courts to Maseno Law Courts. The decision was guided by the need to facilitate access to justice and ensure that the matter is heard in the most appropriate forum.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Arara Amata (Deceased) (Miscellaneous Succession Application 292 of 2025) [2025] KEHC 8103 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8103 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 292 of 2025
A Mabeya, J
June 9, 2025
N THE MATTER OF THE ESTATE OF ARARA AMATA - (DECEASED) AND IN THE MATTER OF AN APPLICATION EMA AKOTH OTIENO - APPLICANT (From Original Kisumu Chief Magistrate Succession Cause No. E075 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. 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 Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Maseno 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