[2025] KEHC 7885 (KLR)
The High Court determined that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its statutory power under...
Source-derived case information.
- Citation
- [2025] KEHC 7885 (KLR)
- Parties
- Applicant: James Omondi Pande
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 211 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 Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Omondi Pande
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its statutory power under section 18 of the Civil Procedure Act to facilitate the proper administration of justice and ensure that parties have access to a court with the correct territorial jurisdiction.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Blasio Mbare Nyongo (Deceased) (Miscellaneous Succession Application 211 of 2025) [2025] KEHC 7885 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7885 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 211 of 2025
A Mabeya, J
June 5, 2025
In re Estate of Blasio Mbare Nyongo (Deceased) (Miscellaneous Succession Application 211 of 2025) [2025] KEHC 7885 (KLR) (5 June 2025) (Ruling)
In the matter of
James Omondi Pande
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E120 of 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 12/6/2025 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 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE