[2025] KEHC 7587 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure access to justice as mandated by Article 48 of the Constitution. The court found that Kombewa Law Courts was...
Source-derived case information.
- Citation
- [2025] KEHC 7587 (KLR)
- Parties
- Applicant: Raphael Oloo Nyariro; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 148 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Oloo Nyariro
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure access to justice as mandated by Article 48 of the Constitution. The court found that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter, and accordingly ordered the transfer of the file. The court further directed that the matter be mentioned before the Head of Station at Kombewa Law Courts for further directions and marked the file as closed at the High Court.
Court Disposition
Application for transfer allowed; 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of John Nyaribo Omolo (Deceased) (Miscellaneous Succession Application 148 of 2025) [2025] KEHC 7587 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7587 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 148 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOHN NYARIRO OMOLO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY RAPHAEL OLOO NYARIRO
(From Original Maseno Senior Principal Magistrate Succession Cause No. E233 of 2024)
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