[2025] KEHC 7289 (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 court exercised its powers under section 18 of the Civil Procedure...
Source-derived case information.
- Citation
- [2025] KEHC 7289 (KLR)
- Parties
- Applicant: Elizabeth Auma Oliech; Respondent: Estate of Ernest Ombima Okwaro alias Ombima Okwaro (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 111 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / 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, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Auma Oliech
Applicant
Estate of Ernest Ombima Okwaro alias Ombima Okwaro (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 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 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 court exercised its powers under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby ensuring that the matter would be heard in the court with proper jurisdiction and that parties would have better access to justice.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Ernest Ombima Okwaro alias Ombima Okwaro (Deceased) (Miscellaneous Succession Cause 111 of 2025) [2025] KEHC 7289 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7289 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 111 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF ERNEST OMBIMA OKWARO alias OMBIMA OKWARO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ELIZABETH AUMA OLIECH - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E311 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