[2025] KEHC 7598 (KLR)
The court determined that, in the interests of justice and to facilitate access to justice as mandated by Article 48 of the Constitution, it was appropriate to transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts. Exercising its jurisdiction under section 18 of the Civil Procedure Act,...
Source-derived case information.
- Citation
- [2025] KEHC 7598 (KLR)
- Parties
- Applicant: Leonard Oloo Ochenya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 133 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, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Leonard Oloo Ochenya
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The court determined that, in the interests of justice and to facilitate access to justice as mandated by Article 48 of the Constitution, it was appropriate to transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts. Exercising its jurisdiction under section 18 of the Civil Procedure Act, the High Court found that Kombewa Law Courts was the suitable forum for the hearing and determination of the matter. The court also directed that the parties be notified of the transfer and set a mention date for further directions before the Head of Station at Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Cleopus Ochenya Kembe alias Kiliopas Ochenya Sembe (Deceased) (Miscellaneous Succession Application 133 of 2025) [2025] KEHC 7598 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7598 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 133 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF CLEOPUS OCHENYA KEMBE alias KILIOPAS OCHENYA SEMBE (DECEASED) AND IN THE MATT ER OF AN APPLICATION BY LEONARD OLOO OCHENYA- APPLICANT
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