[2025] KEHC 7306 (KLR)

[2025] KEHC 7306 (KLR)

The court exercised its discretion under section 18 of the Civil Procedure Act to transfer the file from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure access to justice for the parties, as enshrined in Article 48 of the Constitution. The court considered the geographical...

Source-derived case information.

Citation
[2025] KEHC 7306 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 66 of 2025
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted; file transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction of Courts Access to Justice

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the matter should be transferred from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
  2. 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.

Ratio Decidendi

The court exercised its discretion under section 18 of the Civil Procedure Act to transfer the file from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure access to justice for the parties, as enshrined in Article 48 of the Constitution. The court considered the geographical jurisdiction of both courts and found that transferring the matter would better serve the interests of justice and convenience for the parties. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.

Court Disposition

Application for transfer granted; file transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • The parties are to be notified of the transfer.