[2025] KEHC 7609 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was appropriate. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to...
Source-derived case information.
- Citation
- [2025] KEHC 7609 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 153 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Kombewa Law Courts.
- 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
__MISSING__
Applicant
__MISSING__
Respondent
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 for hearing and determination.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was appropriate. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was ordered to ensure that the matter is heard and determined in the most suitable forum, thereby facilitating access to justice for the parties involved.
Court Disposition
Application for transfer granted; file transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
14 paragraphs
In re Estate of Awino Soga alias Soga Odila (Deceased) (Miscellaneous Succession Application 153 of 2025) [2025] KEHC 7609 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7609 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 153 of 2025
A Mabeya, J
June 4, 2025
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