[2025] KEHC 7650 (KLR)
The court determined that, in view of 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 court exercised its discretion under...
Source-derived case information.
- Citation
- [2025] KEHC 7650 (KLR)
- Parties
- Applicant: Gordon George Otieno; Applicant: Evans Juma Limbe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 275 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; succession cause 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
Gordon George Otieno
Applicant
Evans Juma Limbe
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 determined that, in view of 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 court exercised its discretion under section 18 of the Civil Procedure Act to facilitate the hearing and determination of the matter in the proper forum, thereby upholding the parties' right to access justice as enshrined in Article 48 of the Constitution.
Court Disposition
Application for transfer of proceedings allowed; succession cause 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
16 paragraphs
In re Estate of Joshua Limbe Sako alias Limbe Sako (Deceased) (Miscellaneous Succession Application 275 of 2025) [2025] KEHC 7650 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7650 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 275 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOSHUA LIMBE SAKO alias LIMBE SAKO - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GORDON GEORGE OTIENO and EVANS JUMA LIMBE - APPLICANTS
(From Original Maseno Senior Principal Magistrate Succession Cause No. E290 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 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