[2025] KEHC 7775 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the file from Maseno Law Courts to Kombewa Law Courts, considering both the geographical jurisdiction of the courts and the constitutional imperative of access to justice. The court found that the transfer would better...
Source-derived case information.
- Citation
- [2025] KEHC 7775 (KLR)
- Parties
- Applicant: Wilberforce Jauga Chindu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 169 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Kombewa Law Courts.
- 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
Wilberforce Jauga Chindu
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the file from Maseno Law Courts to Kombewa Law Courts, considering both the geographical jurisdiction of the courts and the constitutional imperative of access to justice. The court found that the transfer would better serve the interests of justice and ensure that parties have reasonable access to the court, as required by Article 48 of the Constitution. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for hearing and determination.
Court Disposition
Application for transfer granted; file transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
16 paragraphs
In re Estate of John Martin Chindu Orimbo - (Deceased) (Miscellaneous Succession Application 169 of 2025) [2025] KEHC 7775 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7775 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 169 of 2025
A Mabeya, J
June 4, 2025
In the matter of
Wilberforce Jauga Chindu
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 Constitutionof 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 10/6/2025 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 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE