[2025] KEHC 7577 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to...
Source-derived case information.
- Citation
- [2025] KEHC 7577 (KLR)
- Parties
- Applicant: Christina Olela Nyayimbi; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 124 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
Christina Olela Nyayimbi
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause 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 High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was ordered to facilitate the efficient and just determination of the matter, ensuring that the parties have reasonable access to the court best suited to hear the case. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.
Court Disposition
Application for transfer of proceedings granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Dominicus Nanyimbi Onyango (Deceased) (Miscellaneous Succession Application 124 of 2025) [2025] KEHC 7577 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7577 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 124 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF DOMNICUS NANYIMBI ONYANGO (DECEASED) AND IN THE MATT ER OF AN APPLICATION BY CHRISTINA OLELA NYAYIMBI - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E370 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.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE