[2025] KEHC 7363 (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 succession cause from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its statutory power under...
Source-derived case information.
- Citation
- [2025] KEHC 7363 (KLR)
- Parties
- Applicant: Lorna Adenyo Oguk
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 107 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- 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
Lorna Adenyo Oguk
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 matter 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its statutory power under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination. This decision was made to ensure that the matter is heard in the most suitable forum, thereby facilitating access to justice for the parties involved.
Court Disposition
Application for transfer of proceedings allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Joseph Oguk Agutu alias Oguk Agutu (Deceased) (Miscellaneous Succession Application 107 of 2025) [2025] KEHC 7363 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7363 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 107 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH OGUK AGUTU alias OGUK AGUTU (DECEASED) AND IN THE MATTER OF AN APPLICATION BY LORNA ADENYO OGUK - PETITIONER
In the matter of
Lorna Adenyo Oguk
Petitioner
(From Original Maseno Senior Principal Magistrate Succession Cause No. E333 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 9/6/2025 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 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE