[2025] KEHC 7722 (KLR)
The High Court determined 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 court exercised its discretion under...
Source-derived case information.
- Citation
- [2025] KEHC 7722 (KLR)
- Parties
- Applicant: Robert Ochieng Aoko; Respondent: Estate of Mark Omolo Jakongo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 213 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
- 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
Robert Ochieng Aoko
Applicant
Estate of Mark Omolo Jakongo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have territorial jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined 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 court exercised its discretion under section 18 of the Civil Procedure Act to ensure that the matter is heard in the court with proper territorial jurisdiction, thereby facilitating access to justice for the parties. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Mark Omolo Jakongo (Deceased) (Miscellaneous Succession Application 213 of 2025) [2025] KEHC 7722 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7722 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 213 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF MARK OMOLO JAKONGO -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY ROBERT OCHIENG AOKO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E108 of 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 12/6/2025 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 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE