[2025] KEHC 8065 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Winam Law Courts. The transfer was ordered pursuant to section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 8065 (KLR)
- Parties
- Applicant: Rosemary Achieng Wayoga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 290 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Winam 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
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Parties
Rosemary Achieng Wayoga
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Kisumu Law Courts to Winam Law Courts.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Winam Law Courts. The transfer was ordered pursuant to section 18 of the Civil Procedure Act to facilitate access to justice as required by Article 48 of the Constitution.
Court Disposition
Application for transfer granted; file transferred to Winam Law Courts.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.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 Calleb Wayoga Ochich alias Caleb Wayoga Ochich (Deceased) (Miscellaneous Succession Application 290 of 2025) [2025] KEHC 8065 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8065 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 290 of 2025
A Mabeya, J
June 9, 2025
In the matter of
Rosemary Achieng Wayoga
Applicant
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam. 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 Winam Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Winam 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 JUNE, 2025. A. MABEYA, FCI, ArbJUDGE