[2025] KEHC 7552 (KLR)
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Law Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 7552 (KLR)
- Parties
- Applicant: John Odhiambo Oduko; Respondent: Estate of Daniel Bwana Nundu (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 72 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 Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Odhiambo Oduko
Applicant
Estate of Daniel Bwana Nundu (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear the succession cause.
- 2 Whether the transfer of the file to Kombewa Law Courts is necessary to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Law Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act to ensure that the matter is heard in the court with proper territorial jurisdiction, thereby facilitating access to justice as mandated by Article 48 of the Constitution. The transfer was ordered, and the file was marked as closed in the High Court, with further directions to be given by the Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Daniel Bwana Nundu (Deceased) (Miscellaneous Succession Application 72 of 2025) [2025] KEHC 7552 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7552 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 72 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF DANIEL BWANA NUNDU (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JOHN ODHIAMBO ODUKO
(From Original Maseno Senior Principal Magistrate Succession Cause No. E079 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 9/6/2025 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 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE