[2025] KEHC 7651 (KLR)
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7651 (KLR)
- Parties
- Applicant: Mary Akinyi Otieno; Respondent: Estate of David Otiento Obuny (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 272 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 Suit, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Akinyi Otieno
Applicant
Estate of David Otiento Obuny (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the 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, exercising its powers under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the Constitution. Consequently, the Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination, thereby ensuring that the matter would be heard in the proper forum and that the parties' right to access justice would be upheld.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 David Otiento Obuny (Deceased) (Miscellaneous Succession Application 272 of 2025) [2025] KEHC 7651 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7651 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 272 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF DAVID OTIENTO OBUNY - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MARY AKINYI OTIENO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E314 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.
DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE