[2025] KEHC 7864 (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 High Court exercised its discretion under section 18 of...
Source-derived case information.
- Citation
- [2025] KEHC 7864 (KLR)
- Parties
- Applicant: Maurice Ngode Okumbe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 217 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Ngode Okumbe
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Magistrate's Court at Maseno has proper geographical jurisdiction over the succession matter.
- 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 High Court exercised its discretion under section 18 of the Civil Procedure Act to ensure the matter is heard in the court with proper territorial jurisdiction, thereby facilitating access to justice for the parties involved.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Joanes Okube Nyawara alias Joanes Okumbe (Deceased) (Miscellaneous Succession Application 217 of 2025) [2025] KEHC 7864 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7864 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 217 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOANES OKUMBE NYAWARA alias JOANES OKUMBE -(DECEASED)
In the matter of
Maurice Ngode OKumbe
Applicant
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.
DATEDAND DELIVEREDAT KISUMU THIS 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE