[2025] KEHC 7611 (KLR)
The court found 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 file from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its jurisdiction under section 18 of...
Source-derived case information.
- Citation
- [2025] KEHC 7611 (KLR)
- Parties
- Applicant: Nicholas Otieno Omondi; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 156 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nicholas Otieno Omondi
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found 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 file from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its jurisdiction under section 18 of the Civil Procedure Act to ensure that the matter is heard in the court with proper territorial jurisdiction, thereby facilitating access to justice for the parties involved.
Court Disposition
Application for transfer of proceedings 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of John Omondi Otieno (Deceased) (Miscellaneous Succession Application 156 of 2025) [2025] KEHC 7611 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7611 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 156 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOHN OMONDI OTIENO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY NICHOLAS OTIENO OMONDI
(From Original Maseno Senior Principal Magistrate Succession Cause No. E163 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 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 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