[2025] KEHC 7663 (KLR)

[2025] KEHC 7663 (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. The transfer...

Source-derived case information.

Citation
[2025] KEHC 7663 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Application 190 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 Magistrates Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction of Magistrates Courts Access to Justice

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer is necessary to promote 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. The transfer was deemed necessary to ensure that the matter is heard in the most appropriate forum, thereby facilitating access to justice for the parties. The court ordered the file withdrawn from Maseno and transferred to Kombewa for hearing and determination, with a mention date set for further directions.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • The parties are to be notified of the transfer.