[2025] KEHC 8047 (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 file from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 8047 (KLR)
- Parties
- Applicant: Charles Muga Nyabola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 228 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 Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muga Nyabola
Applicant
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 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 Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered under section 18 of the Civil Procedure Act to ensure the matter is heard in the court with proper jurisdiction and to facilitate access to justice for the parties involved.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Ezron Nyabola Oyange alias Hezron Nyabola Oyange (Deceased) (Miscellaneous Succession Application 228 of 2025) [2025] KEHC 8047 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8047 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 228 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF EZRON NYABOLA OYANGE alias HEZRON NYABOLA OYANGE -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY CHARLES MUGA NYABOLA - APPLICANT
In the matter of
Charles Muga Nyabola
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E298 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 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 16/6/2025 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE