[2025] KEHC 7607 (KLR)
The court found that Kombewa Law Courts have the appropriate geographical jurisdiction over the matter and that transferring the file from Maseno Law Courts would better serve the constitutional imperative of access to justice. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered...
Source-derived case information.
- Citation
- [2025] KEHC 7607 (KLR)
- Parties
- Applicant: Maurice Otieno Okia; Respondent: Estate of Fredrick Okia Othili (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 176 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts; file at High Court closed.
- 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
Maurice Otieno Okia
Applicant
Estate of Fredrick Okia Othili (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear 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 Kombewa Law Courts have the appropriate geographical jurisdiction over the matter and that transferring the file from Maseno Law Courts would better serve the constitutional imperative of access to justice. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal and transfer of the file to Kombewa Law Courts for hearing and determination. The court further directed that the parties be notified and set a mention date before the Head of Station at Kombewa Law Courts for further directions. The file at the High Court was marked as closed.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts; file at High Court closed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Fredrick Okia Othili (Deceased) (Miscellaneous Succession Application 176 of 2025) [2025] KEHC 7607 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7607 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 176 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF FREDRICK OKIA OTHILI -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MAURICE OTIENO OKIA
(From Original Maseno Senior Principal Magistrate Succession Cause No. E400 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 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.
DATEDAND DELIVEREDAT KISUMU THIS 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE