[2025] KEHC 7374 (KLR)
The High Court determined 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 powers under...
Source-derived case information.
- Citation
- [2025] KEHC 7374 (KLR)
- Parties
- Applicant: Alice Amolo Nyamudhe; Respondent: Estate of Joel Nyamunde Omware alias Joel Nyamundhe Omware (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 91 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Amolo Nyamudhe
Applicant
Estate of Joel Nyamunde Omware alias Joel Nyamundhe Omware (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined 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 powers under section 18 of the Civil Procedure Act to withdraw the file and direct its transfer, ensuring the matter would be heard in the court with proper jurisdiction and in a manner that best facilitates access to justice for the parties involved.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Joel Nyamunde Omware alias Joel Nyamundhe Omware (Deceasd) (Miscellaneous Succession Application 91 of 2025) [2025] KEHC 7374 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7374 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 91 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF JOEL NYAMUNDE OMWARE alias JOEL NYAMUNDHE OMWARE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ALICE AMOLO NYAMUDHE
In the matter of
Alice Amolo Nyamudhe
Petitioner
(From Original Maseno Senior Principal Magistrate Succession Cause No. E091 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 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.
DATED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE