[2025] KEHC 7657 (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 transfer was ordered under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7657 (KLR)
- Parties
- Applicant: Eliud Peter Okello; Respondent: Joash Bira Nyangasi alias Joas Bira (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 209 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- 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
Eliud Peter Okello
Applicant
Joash Bira Nyangasi alias Joas Bira (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered under section 18 of the Civil Procedure Act to ensure the matter is heard in the proper jurisdiction and to facilitate access to justice for the parties. The court exercised its discretion to withdraw the file from Maseno and direct its hearing and determination at Kombewa, thereby closing the file at the High Court level.
Court Disposition
Application for transfer of proceedings allowed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Joash Bira Nyangasi alias Joas Bira (Deceased) (Miscellaneous Succession Application 209 of 2025) [2025] KEHC 7657 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7657 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 209 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOASH BIRA NYANGASI alias JOAS BIRA -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY ELIUD PETER OKELLO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E129 of 2025)
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.