[2025] KEHC 7883 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the proper geographical jurisdiction to hear the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7883 (KLR)
- Parties
- Applicant: Susan Anyango Onyango; Respondent: Ibrahim Kubi Onyango (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 178 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 Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Anyango Onyango
Applicant
Ibrahim Kubi Onyango (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the proper geographical jurisdiction to hear the succession cause.
- 2 Whether the High Court should transfer the succession cause to Kombewa Law Courts for hearing and determination.
- 3 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the proper geographical jurisdiction to hear the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the Constitution and found that transferring the matter to Kombewa Law Courts would better serve the interests of justice and convenience for the parties. Consequently, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Ibrahim Kubi Onyango (Deceased) (Miscellaneous Succession Application 178 of 2025) [2025] KEHC 7883 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7883 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 178 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF IBRAHIM KUBI ONYANGO - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY SUSAN ANYANGO ONYANGO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E441 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 12/6/2025 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 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE