[2025] KEHC 7868 (KLR)
The court found that the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, together with the constitutional imperative of access to justice, warranted the transfer of the succession cause. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the...
Source-derived case information.
- Citation
- [2025] KEHC 7868 (KLR)
- Parties
- Applicant: Jacob Hallah Abade
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 207 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 Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Hallah Abade
Applicant
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 court found that the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, together with the constitutional imperative of access to justice, warranted the transfer of the succession cause. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The decision ensures that the matter is heard in the most appropriate forum, upholding the right of access to justice as enshrined in the Constitution.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of John Abade Gunde (Deceased) (Miscellaneous Succession Application 207 of 2025) [2025] KEHC 7868 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7868 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 207 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOHN ABADE GUNDE -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY JACOB HALLAH ABADE - APPLICANT
In the matter of
Jacob Hallah Abade
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E192 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