[2025] KEHC 7284 (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 7284 (KLR)
- Parties
- Applicant: Maurice Ngode Okumbe; Respondent: Joanes Okumbe Nyawara (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 104 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / 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
Maurice Ngode Okumbe
Applicant
Joanes Okumbe Nyawara (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter 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 transfer it to Kombewa for hearing and determination, ensuring that the matter would be heard in the most suitable forum for the parties and in line with constitutional principles.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
14 paragraphs
In re Estate of Joanes Okumbe Nyawara alias Okumbe Nyawara alias Joanes Okumbe (Deceased) (Miscellaneous Succession Cause 104 of 2025) [2025] KEHC 7284 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7284 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 104 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF JOANES OKUMBE NYAWARA alias OKUMBE NYAWARA alias JOANES OKUMBE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MAURICE NGODE OKUMBE - PETITIONER
Ruling
(From Original Maseno Senior Principal Magistrate Succession Cause No. E267 of 2024) 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 9/6/2025 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 3rdday of June, 2025. A. MABEYA, FCI, ArbJUDGEPage 1 of 1