[2025] KEHC 7647 (KLR)
The court found that Kombewa Law Courts have the appropriate geographical jurisdiction for the succession cause. In exercising its powers under section 18 of the Civil Procedure Act and guided by the constitutional imperative of access to justice under Article 48, the High Court ordered the withdrawal of the file...
Source-derived case information.
- Citation
- [2025] KEHC 7647 (KLR)
- Parties
- Applicant: Sarah Owidhi Radak; Respondent: Estate of Joshua Radak Ochung alias Josia Radak Ochung (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 282 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- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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 Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Owidhi Radak
Applicant
Estate of Joshua Radak Ochung alias Josia Radak Ochung (Deceased)
Respondent
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 found that Kombewa Law Courts have the appropriate geographical jurisdiction for the succession cause. In exercising its powers under section 18 of the Civil Procedure Act and guided by the constitutional imperative of access to justice under Article 48, the High Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The court emphasized that the transfer would facilitate access to justice for the parties and ensure the matter is heard in the proper forum.
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Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Joshua Radak Ochung alias Josia Radak Ochung (Decesaed) (Miscellaneous Succession Application 282 of 2025) [2025] KEHC 7647 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7647 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 282 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JOSHUA RADAK OCHUNG alias JOSIA RADAK OCHUNG - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY SARAH OWIDHI RADAK - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E535 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.
DATEDAND DELIVEREDAT KISUMU THIS 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE