[2025] KEHC 7595 (KLR)
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7595 (KLR)
- Parties
- Applicant: Roda Ayanga Owenga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 127 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Roda Ayanga Owenga
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya. Consequently, the Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination, ensuring that the matter would be heard in the forum best suited for the parties and the interests of justice.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Joseph Owenga Ongalo (Deceased) (Miscellaneous Succession Application 127 of 2025) [2025] KEHC 7595 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7595 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 127 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH OWENGA ONGALO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY RODA AYANGA OWENGA - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E286 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 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