[2025] KEHC 7709 (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 court exercised its jurisdiction under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7709 (KLR)
- Parties
- Applicant: Margaret Akoyo Jagero Ndong’a; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 277 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file at High Court marked as 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
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Parties
Margaret Akoyo Jagero Ndong’a
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / 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 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 court exercised its jurisdiction under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby facilitating access to justice for the parties involved.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts; file at High Court marked as closed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Joseph Jagero Omitto Alias Joseph Jagero Omito (Deceased) (Miscellaneous Succession Cause 277 of 2025) [2025] KEHC 7709 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7709 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 277 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH JAGERO OMITTO alias JOSEPH JAGERO OMITO - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MARGARET AKOYO JAGERO NDONG’A - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E273 of 2025)
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 12/6/2025 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 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE