[2025] KEHC 7558 (KLR)

[2025] KEHC 7558 (KLR)

The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the transfer of the file from Maseno Law Courts to Kombewa Law Courts was necessary to ensure proper geographical jurisdiction and to promote access to justice as mandated by Article 48 of the Constitution. The Court...

Source-derived case information.

Citation
[2025] KEHC 7558 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Application 90 of 2025
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Outcome
file transferred to Kombewa Law Courts; file marked as closed at High Court
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction of Courts Access to Justice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.

Ratio Decidendi

The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the transfer of the file from Maseno Law Courts to Kombewa Law Courts was necessary to ensure proper geographical jurisdiction and to promote access to justice as mandated by Article 48 of the Constitution. The Court found that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter, and that the transfer would not prejudice any party. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.

Court Disposition

file transferred to Kombewa Law Courts; file marked as closed at High Court

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • The parties are to be notified of the transfer.