[2025] KEHC 7791 (KLR)
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Law Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno to Kombewa. The High Court exercised its statutory power under section 18 of the Civil Procedure...
Source-derived case information.
- Citation
- [2025] KEHC 7791 (KLR)
- Parties
- Applicant: Domnic Opiyo Onginjo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 137 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- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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
Domnic Opiyo Onginjo
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 file 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 Law Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno to Kombewa. The High Court exercised its statutory power under section 18 of the Civil Procedure Act to withdraw the file from Maseno Law Courts and transfer it to Kombewa Law Courts for hearing and determination, thereby promoting efficient administration of justice and upholding the right of access to justice under Article 48 of the Constitution.
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Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
19 paragraphs
In re Estate of Laurent Nyangaga Owala (Miscellaneous Succession Application 137 of 2025) [2025] KEHC 7791 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7791 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 137 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF LAURENT NYANGAGA OWALA (DECEASED)
In the matter of
domnic Opiyo Onginjo
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E388 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