[2025] KEHC 7662 (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 file from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7662 (KLR)
- Parties
- Applicant: Hezron Justus Odhiambo Nyaroche; Respondent: Estate of Jashon Nyaroche Omuony (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 193 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, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezron Justus Odhiambo Nyaroche
Applicant
Estate of Jashon Nyaroche Omuony (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper 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 file from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to ensure that the matter is heard in the most suitable forum, thereby facilitating access to justice for the parties. The court also directed that the parties be notified and set a mention date before the Head of Station at Kombewa Law Courts for further directions.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Jashon Nyaroche Omuony (Deceased) (Miscellaneous Succession Application 193 of 2025) [2025] KEHC 7662 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7662 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 193 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JASHON NYAROCHE OMUONY - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY HEZRON JUSTUS ODHIAMBO NYAROCHE - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E423 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