[2025] KEHC 8043 (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 under Article 48 of the Constitution, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its...
Source-derived case information.
- Citation
- [2025] KEHC 8043 (KLR)
- Parties
- Applicant: Ochieng Wananda Joseph; Respondent: Estate of James William Okello Odhoo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 256 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
Ochieng Wananda Joseph
Applicant
Estate of James William Okello Odhoo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over 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 under Article 48 of the Constitution, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its jurisdiction under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby ensuring that the matter is heard in the court with proper territorial jurisdiction and that parties have effective access to justice.
Court Disposition
Application for transfer of proceedings granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of James William Okello Odhoo (Deceased) (Miscellaneous Succession Application 256 of 2025) [2025] KEHC 8043 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8043 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 256 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF JAMES WILLIAM OKELLO ODHOO - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY OCHIENG WANANDA JOSEPH - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E485 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