[2025] KEHC 8066 (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 succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was made pursuant to the High Court's...
Source-derived case information.
- Citation
- [2025] KEHC 8066 (KLR)
- Parties
- Applicant: Conseleta Siruath Otuga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 261 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 of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Conseleta Siruath Otuga
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over 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, 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was made pursuant to the High Court's powers under section 18 of the Civil Procedure Act, which allows for the transfer of cases to ensure matters are heard in the proper forum. The court emphasized the need to facilitate access to justice as mandated by Article 48 of the Constitution of Kenya. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of John Otuga Otogo alias Otogo Owiti (Deceased (Miscellaneous Succession Application 261 of 2025) [2025] KEHC 8066 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8066 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 261 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF JOHN OTUGA OTOGO alias OTOGO OWITI - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CONSELETA SIRUATH OTUGA - APPLICANT
In the matter of
Conseleta Siruath Otuga
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E044 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 16/6/2025 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE