[2025] KEHC 8052 (KLR)
The High Court, exercising its discretion 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 appropriate. The decision was guided by the need to ensure access to justice for the parties, as enshrined in Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 8052 (KLR)
- Parties
- Applicant: Maurice Onyago Oloo; Applicant: Joscah Adhiambo Owuor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 223 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Onyago Oloo
Applicant
Joscah Adhiambo Owuor
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.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its discretion 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 appropriate. The decision was guided by the need to ensure access to justice for the parties, as enshrined in Article 48 of the Constitution. The Court found that Kombewa Law Courts had the requisite geographical jurisdiction and that the transfer would better serve the interests of justice. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Martin Owuor Onoka & Lewnida Amenga Onoka (Deceased) (Miscellaneous Succession Application 223 of 2025) [2025] KEHC 8052 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8052 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 223 of 2025
A Mabeya, J
June 9, 2025
In the matter of
Maurice Onyago Oloo
1st Applicant
Joscah Adhiambo Owuor
2nd 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE