[2025] KEHC 9879 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Tamu, and the constitutional imperative of access to justice under Article 48 of the Constitution, it was appropriate to transfer the file from Kisumu Law Courts to Tamu Law Courts. The court exercised its...
Source-derived case information.
- Citation
- [2025] KEHC 9879 (KLR)
- Parties
- Applicant: Estate of Joseph Chepkwony Koske (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 305 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- File transferred to Tamu Law Courts; Kisumu file closed.
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Estate of Joseph Chepkwony Koske (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Magistrate's Court at Kisumu has proper geographical jurisdiction over the matter.
- 2 Whether the file should be transferred to Tamu Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Tamu, and the constitutional imperative of access to justice under Article 48 of the Constitution, it was appropriate to transfer the file from Kisumu Law Courts to Tamu Law Courts. The court exercised its jurisdiction under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the most suitable forum for all parties.
Court Disposition
File transferred to Tamu Law Courts; Kisumu file closed.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Tamu Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Joseph Chepkwony Koske (Deceased) (Miscellaneous Succession Cause 305 of 2025) [2025] KEHC 9879 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9879 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 305 of 2025
A Mabeya, J
July 9, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH CHEPKWONY KOSKE -(DECEASED)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Tamu. 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 Kisumu Law Courts and transferred to Tamu Law Courts for hearing and determination. The parties be notified.
3. Mention on 25/7/2025 before the Head of Station, Tamu 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 JULY, 2025. A. MABEYA, FCI, ArbJUDGE