[2025] KEHC 7772 (KLR)
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Magistrate’s Courts and the constitutional imperative of access to justice, it was just and proper to transfer the succession matter from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section...
Source-derived case information.
- Citation
- [2025] KEHC 7772 (KLR)
- Parties
- Applicant: Consolata Adhiambo Onyango
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 173 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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
Consolata Adhiambo Onyango
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear the succession matter.
- 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 Maseno and Kombewa Magistrate’s Courts and the constitutional imperative of access to justice, it was just and proper to transfer the succession matter from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion 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Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Joseph Oyango Reru - (Deceased) (Miscellaneous Succession Application 173 of 2025) [2025] KEHC 7772 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7772 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 173 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH ONYANGO RERU -(DECEASED)
In the matter of
Consolata Adhiambo Onyango
Applicant
(From Original Maseno Senior Principal Magistrate Succession Misc. No. E443 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.
DATEDAND DELIVEREDAT KISUMU THIS 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE