[2025] KEHC 7612 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the interests of justice and the constitutional imperative of access to justice warranted the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts. The court found that Kombewa Law Courts...
Source-derived case information.
- Citation
- [2025] KEHC 7612 (KLR)
- Parties
- Applicant: Leila Achieng Akacho; Applicant: Jocinter Akinyi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 170 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leila Achieng Akacho
Applicant
Jocinter Akinyi
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the interests of justice and the constitutional imperative of access to justice warranted the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts. The court found that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter, and accordingly ordered the transfer to facilitate efficient and accessible adjudication.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Benard Ochieng Aginga (Deceased) (Miscellaneous Succession Application 170 of 2025) [2025] KEHC 7612 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7612 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 170 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF BENARD OCHIENG AGINGA -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY LEILA ACHIENG AKACHO and JOCINTER AKINYI- APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E020 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 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