[2025] KEHC 7282 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was made pursuant to section 18 of...
Source-derived case information.
- Citation
- [2025] KEHC 7282 (KLR)
- Parties
- Applicant: Rael Auma Mamba; Respondent: Estate of Owiti Mamba (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 69 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- 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
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Parties
Rael Auma Mamba
Applicant
Estate of Owiti Mamba (Deceased)
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 Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was made pursuant to section 18 of the Civil Procedure Act, which empowers the High Court to transfer cases for the proper administration of justice. The court emphasized that access to justice under Article 48 of the Constitution is a guiding principle in determining the appropriate forum for hearing and determination of matters. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for...
Court Disposition
Application for transfer 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Estate of Owiti Mamba (Deceased) (Miscellaneous Succession Cause 69 of 2025) [2025] KEHC 7282 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7282 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 69 of 2025
A Mabeya, J
June 3, 2025
SUCCESSION MISC. APPLICATION NO. 69 OF 2025
IN THE MATTER OF THE ESTATE OF OWITI MAMBA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY RAEL AUMA MAMBA
(From Original Maseno Senior Principal Magistrate Succession Cause No. E035 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.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE