[2025] KEHC 8069 (KLR)
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts have the appropriate geographical jurisdiction to hear and determine the succession cause. The transfer is also justified by the constitutional imperative to facilitate access to justice under...
Source-derived case information.
- Citation
- [2025] KEHC 8069 (KLR)
- Parties
- Applicant: Ruth Aoko Otenda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 251 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, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Aoko Otenda
Applicant
Procedural Posture
Miscellaneous Succession Application / 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 High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts have the appropriate geographical jurisdiction to hear and determine the succession cause. The transfer is also justified by the constitutional imperative to facilitate access to justice under Article 48 of the Constitution. Accordingly, the file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Gwala Ndeda (Deceased) (Miscellaneous Succession Application 251 of 2025) [2025] KEHC 8069 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8069 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 251 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF GWALA NDEDA -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY RUTH AOKO OTENDA - APPLICANT
In the matter of
Ruth Aoko Otenda
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E466 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 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.
DATEDAND DELIVEREDAT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE