[2025] KEHC 7580 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the interests of justice and the constitutional imperative of access to justice under Article 48 warranted the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts. The Court considered the...
Source-derived case information.
- Citation
- [2025] KEHC 7580 (KLR)
- Parties
- Applicant: Joseph Otieno Amala; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 131 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates 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
Joseph Otieno Amala
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
- 2 Whether the transfer would enhance access to justice as envisaged under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the interests of justice and the constitutional imperative of access to justice under Article 48 warranted the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts. The Court considered the geographical jurisdiction of both courts and concluded that Kombewa Law Courts was the appropriate forum for hearing and determination. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.
Court Disposition
Application for transfer of proceedings allowed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
14 paragraphs
In re Estate of Joseph Obuya Adongo (Deceased) (Miscellaneous Succession Application 131 of 2025) [2025] KEHC 7580 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7580 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 131 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH OBUYA ADONGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JOSEPH OTIENO AMALA - APPLICANT
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.