[2025] KEHC 7316 (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 transfer was ordered under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7316 (KLR)
- Parties
- Applicant: Gabriel Londi Okwach; Applicant: Joseph Okwach; Applicant: Rosemary Akongo Okwach
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 114 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; file at High Court marked as closed.
- 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
Gabriel Londi Okwach
Applicant
Joseph Okwach
Applicant
Rosemary Akongo Okwach
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear 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 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; file transferred to Kombewa Law Courts; file at High Court marked as closed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Gelion Okwach Acwango alias Okwach Ajwang (Deceased) (Miscellaneous Succession Cause 114 of 2025) [2025] KEHC 7316 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7316 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 114 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF GELION OKWACH ACWANGO alias OKWACH AJWANG (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY GABRIEL LONDI OKWACH, JOSEPH OKWACH and ROSEMARY AKONGO OKWACH - PETITIONERS
(From Original Maseno Senior Principal Magistrate Succession Cause No. E323 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