[2025] KEHC 7787 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the succession cause should be heard in the court with proper geographical jurisdiction. The court also considered the constitutional imperative of access to justice under Article 48 of the Constitution. On these...
Source-derived case information.
- Citation
- [2025] KEHC 7787 (KLR)
- Parties
- Applicant: Michael Otieno Adol
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 122 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Otieno Adol
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 file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the succession cause should be heard in the court with proper geographical jurisdiction. The court also considered the constitutional imperative of access to justice under Article 48 of the Constitution. On these bases, the court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination, ensuring that the matter is heard in the appropriate forum and that parties have effective access to justice.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Joseph Adol Onjiko alias Adol Onjiko (Deceased) (Miscellaneous Succession Application 122 of 2025) [2025] KEHC 7787 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7787 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 122 of 2025
A Mabeya, J
June 4, 2025
In the matter of
Michael Otieno Adol
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E241 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.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.