[2025] KEHC 8075 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was necessary to facilitate access to justice as mandated by Article 48 of the Constitution. The Court considered the...
Source-derived case information.
- Citation
- [2025] KEHC 8075 (KLR)
- Parties
- Applicant: Malacki Okelo Olawo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 226 of 2025
- Procedural Posture
- Miscellaneous Succession Application / 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malacki Okelo Olawo (Deceased)
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 for hearing and determination.
- 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was necessary to facilitate access to justice as mandated by Article 48 of the Constitution. The Court considered the geographical jurisdiction of both courts and concluded that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.
Court Disposition
Application for transfer granted; file transferred to Kombewa Law Courts.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Malacki Okelo Olawo (Deceased) (Miscellaneous Succession Application 226 of 2025) [2025] KEHC 8075 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8075 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 226 of 2025
A Mabeya, J
June 9, 2025
In re Estate of Malacki Okelo Olawo (Deceased) (Miscellaneous Succession Application 226 of 2025) [2025] KEHC 8075 (KLR) (9 June 2025
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.
DATEDAND DELIVEREDAT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE