[2025] KEHC 8022 (KLR)
The High Court found that Kombewa Law Courts had the appropriate geographical jurisdiction for the matter and that transferring the case would promote access to justice as required by Article 48 of the Constitution. Exercising its powers under section 18 of the Civil Procedure Act, the Court ordered the withdrawal...
Source-derived case information.
- Citation
- [2025] KEHC 8022 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 241 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted.
- 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
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court found that Kombewa Law Courts had the appropriate geographical jurisdiction for the matter and that transferring the case would promote access to justice as required by Article 48 of the Constitution. Exercising its powers under section 18 of the Civil Procedure Act, the Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The Court emphasized the importance of ensuring that litigants have access to the most convenient forum for the resolution of their disputes.
Court Disposition
Application for transfer granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
16 paragraphs
In re Estate of Benjamin Mula Ruong`o (Deceased) (Miscellaneous Succession Application 241 of 2025) [2025] KEHC 8022 (KLR) (6 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8022 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 241 of 2025
A Mabeya, J
June 6, 2025
In re Estate of Benjamin Mula Ruong`o (Deceased)
(From Original Maseno Senior Principal Magistrate Succession Cause No. E552 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 16/6/2025 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 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE