[2025] KEHC 7875 (KLR)

[2025] KEHC 7875 (KLR)

The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure access to justice as enshrined in Article 48 of the Constitution. The court found that Kombewa Law Courts was the...

Source-derived case information.

Citation
[2025] KEHC 7875 (KLR)
Parties
Applicant: Peter Odera Adongo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Application 278 of 2025
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer of proceedings granted.
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction of Magistrates Courts Access to Justice

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Parties

Peter Odera Adongo

Applicant

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.

Ratio Decidendi

The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure access to justice as enshrined in Article 48 of the Constitution. The court found that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter, and that the transfer would facilitate the efficient administration of justice. The court ordered the withdrawal of the file from Maseno and its transfer to Kombewa, with parties to be notified and the matter to be mentioned before the Head of Station at Kombewa for further directions.

Court Disposition

Application for transfer of proceedings granted.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.