[2025] KEHC 7290 (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 7290 (KLR)
- Parties
- Applicant: Jane Auma Atito; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 97 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 of Magistrates Courts, 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
Jane Auma Atito
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts 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 withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby facilitating access to justice for the parties.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Elias Atito Ogelo alias Atito Ogelo (Deceased) (Miscellaneous Succession Application 97 of 2025) [2025] KEHC 7290 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7290 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 97 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF ELIAS ATITO OGELO alias ATITO OGELO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JANE AUMA ATITO - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E532 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 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.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE