[2025] KEHC 7779 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer...
Source-derived case information.
- Citation
- [2025] KEHC 7779 (KLR)
- Parties
- Applicant: Abisalom Adul Opondo; Applicant: Dorcus Anyango Owuor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 149 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted.
- 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
Abisalom Adul Opondo
Applicant
Dorcus Anyango Owuor
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was deemed necessary to ensure that the matter is heard in the most appropriate forum, thereby promoting efficient administration of justice and upholding the parties' right to access justice.
Court Disposition
Application for transfer granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
19 paragraphs
In re Estate of Joshua Opondo Opinya (Deceased) (Miscellaneous Succession Application 149 of 2025) [2025] KEHC 7779 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7779 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 149 of 2025
A Mabeya, J
June 4, 2025
In the matter of
Abisalom Adul Opondo
1st Applicant
Dorcus Anyango Owuor
2nd Applicant
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