[2025] KEHC 7614 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts are the appropriate forum for the hearing and determination of the succession cause. The transfer is justified by considerations of geographical jurisdiction and the constitutional imperative...
Source-derived case information.
- Citation
- [2025] KEHC 7614 (KLR)
- Parties
- Applicant: David Ochieng Malago; Respondent: Joanes Agutu Amolo alias Agutu Omolo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 167 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 Suit, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ochieng Malago
Applicant
Joanes Agutu Amolo alias Agutu Omolo (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 matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts are the appropriate forum for the hearing and determination of the succession cause. The transfer is justified by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to justice as enshrined in Article 48 of the Constitution. The court found no reason to retain the matter at Maseno Law Courts and ordered the file transferred to Kombewa Law Courts for further proceedings.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Joanes Agutu Amolo alias Agutu Omolo (Deceased) (Miscellaneous Succession Application 167 of 2025) [2025] KEHC 7614 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7614 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 167 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOANES AGUTU AMOLO alias AGUTU OMOLO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY DAVID OCHIENG MALAGO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E197 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 10/6/2025 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 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE