[2025] KEHC 7619 (KLR)
The court found 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 succession matter from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its jurisdiction under...
Source-derived case information.
- Citation
- [2025] KEHC 7619 (KLR)
- Parties
- Applicant: Dorcas Lilian Otieno; Applicant: Evaline Agola Odiemo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 171 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Lilian Otieno
Applicant
Evaline Agola Odiemo
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 matter.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found 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 succession matter from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its jurisdiction under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the court with proper territorial jurisdiction and that parties would have better access to justice. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.
Court Disposition
Application for transfer of proceedings allowed; file 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Collins Meshack Otieno Okeyo (Deceased) (Miscellaneous Succession Application 171 of 2025) [2025] KEHC 7619 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7619 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 171 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF COLLINS MESHACK OTIENO OKEYO -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY DORCAS LILIAN OTIENO and EVALINE AGOLA ODIEMO- APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Misc. No. E023 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 Constitutionof 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