[2025] KEHC 8029 (KLR)
The court found that, in the interests of justice and to facilitate access to justice as enshrined in Article 48 of the Constitution, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its statutory power under section 18 of the Civil Procedure...
Source-derived case information.
- Citation
- [2025] KEHC 8029 (KLR)
- Parties
- Applicant: Millicent Atieno Abidha
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 236 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred from Maseno Law Courts to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Millicent Atieno Abidha
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The court found that, in the interests of justice and to facilitate access to justice as enshrined in Article 48 of the Constitution, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its statutory power under section 18 of the Civil Procedure Act to effect the transfer, noting that Kombewa Law Courts had the requisite jurisdiction and that the transfer would better serve the parties and the administration of justice. The court also directed that the parties be notified and set a mention date for further directions before the Head of Station at Kombewa Law Courts.
Court Disposition
Application for transfer of proceedings allowed; file transferred from Maseno Law Courts to Kombewa Law Courts.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
14 paragraphs
In re Estate of Magdalina Odiero Otiende alias Odiero W/O Otiende (Deceased) (Miscellaneous Succession Application 236 of 2025) [2025] KEHC 8029 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8029 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 236 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF MAGDALINA ODIERO OTIENDE alias ODIERO W/O OTIENDE -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY MILLICENT ATIENO ABIDHA - 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 16/6/2025 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 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE