[2025] KEHC 7394 (KLR)

[2025] KEHC 7394 (KLR)

The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act to facilitate access to justice and ensure the matter is heard in the proper forum. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.

Citation
[2025] KEHC 7394 (KLR)
Parties
Applicant: Jecinta Atieno Odera
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
3 June 2025
Case Number
Miscellaneous Succession Application 70 of 2025
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer of proceedings allowed.
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
Source Language
English
Civil Procedure Transfer of Proceedings Jurisdiction of Courts Access to Justice

Case Brief

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Parties

Jecinta Atieno Odera

Applicant

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
  2. 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 Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act to facilitate access to justice and ensure the matter is heard in the proper forum. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.

Court Disposition

Application for transfer of proceedings allowed.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.