[2025] KEHC 9818 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Maseno Law Courts. The court exercised its jurisdiction under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 9818 (KLR)
- Parties
- Applicant: Jeremiah Ogingo Kogalo; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 304 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Maseno Law Courts; file marked as closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Ogingo Kogalo
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Maseno Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Maseno Law Courts. The court exercised its jurisdiction under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the court with proper territorial jurisdiction and that parties would have better access to justice. The file was accordingly withdrawn from Kisumu and transferred to Maseno for hearing and determination.
Court Disposition
Application for transfer granted; file transferred to Maseno Law Courts; file marked as closed.
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- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Beatrice Adhiambo Okoyo (Deceased) (Miscellaneous Succession Application 304 of 2025) [2025] KEHC 9818 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9818 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 304 of 2025
A Mabeya, J
July 9, 2025
IN THE MATTER OF THE ESTATE OF BEATRICE ADHIAMBO OKOYO -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JEREMIAH OGINGO KOGALO
(From Original Kisumu Magistrate’s Court Succession Cause No. E078 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 25/7/2025 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 JULY, 2025. A. MABEYA, FCI, ArbJUDGE