[2025] KEHC 7877 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to...
Source-derived case information.
- Citation
- [2025] KEHC 7877 (KLR)
- Parties
- Applicant: Benson Juma Oidho; Respondent: Estate of Joseph Oidho Obilo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 216 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Kombewa Law Courts; High Court file closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Succession Proceedings
- 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
Benson Juma Oidho
Applicant
Estate of Joseph Oidho Obilo (Deceased)
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.
- 2 Whether the transfer is necessary to facilitate access to justice 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 transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was ordered to ensure that the matter is heard in the most appropriate and convenient forum for all parties, thereby upholding the right to access justice. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination, and the file at the High Court was marked as closed.
Court Disposition
Application for transfer granted; file transferred to Kombewa Law Courts; High Court file closed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Joseph Oidho Obilo (Deceased) (Miscellaneous Succession Application 216 of 2025) [2025] KEHC 7877 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7877 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 216 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH OIDHO OBILO - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY BENSON JUMA OIDHO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E136 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.
DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE