[2025] KEHC 7616 (KLR)
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Magistrate’s Courts 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 jurisdiction under section 18...
Source-derived case information.
- Citation
- [2025] KEHC 7616 (KLR)
- Parties
- Applicant: Siprosa Juma Ondego; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 162 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- 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
Siprosa Juma Ondego
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the proper geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Magistrate’s Courts 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 jurisdiction under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the court with proper territorial jurisdiction and that the parties' right to access to justice would be upheld.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 be notified of the transfer.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Martin Ondego Moni (Deceased) (Miscellaneous Succession Cause 162 of 2025) [2025] KEHC 7616 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7616 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 162 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF MARTIN ONDEGO MONI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY SIPROSA JUMA ONDEGO - APPLICANT (From Original Maseno Senior Principal Magistrate Succession Cause No. E184 of 2024)
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 10/6/2025 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 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE