[2025] KEHC 8289 (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 court exercised its discretion under section...
Source-derived case information.
- Citation
- [2025] KEHC 8289 (KLR)
- Parties
- Applicant: George Mithiga Owiti; Applicant: Saruya Bwoga Owiti
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 238 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mithiga Owiti
Applicant
Saruya Bwoga Owiti
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 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to withdraw the file from Maseno and direct its transfer to Kombewa for hearing and determination, ensuring that the matter would be heard in the court with proper jurisdiction and that parties would have better access to justice.
Court Disposition
Application for transfer of proceedings allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
20 paragraphs
In re Estate of James Owiti Kasera (Deceased) (Miscellaneous Succession Application 238 of 2025) [2025] KEHC 8289 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8289 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 238 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF JAMES OWITI KASERA - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GEORGE MITHIGA OWITI & SARUYA BWOGA OWITI - APPLICANTS
In the matter of
George Mithiga Owiti
1st Applicant
Saruya Bwoga Owiti
2nd Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E088 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.
DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGEPage 1 of 1