[2025] KEHC 7388 (KLR)
The court found that, in the interests of justice and to give effect to the constitutional right of access to justice, it was appropriate to transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act,...
Source-derived case information.
- Citation
- [2025] KEHC 7388 (KLR)
- Parties
- Applicant: Alex Peter Ojwang
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 79 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
Alex Peter Ojwang
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession proceedings 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 court found that, in the interests of justice and to give effect to the constitutional right of access to justice, it was appropriate to transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act, considering the geographical jurisdiction of the two courts and the need to facilitate easier access for the parties. The court concluded that the transfer would better serve the ends of justice and ordered the file to be moved accordingly.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of John Nyinginjo Kidero alias Nyinginjo Kidero (Deceased) (Miscellaneous Succession Application 79 of 2025) [2025] KEHC 7388 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7388 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 79 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF JOHN NYINGINJO KIDERO alias NYINGINJO KIDERO (DECEASED)
In the matter of
Alex Peter Ojwang
Petitioner
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.
DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE