[2025] KEHC 8440 (KLR)

[2025] KEHC 8440 (KLR)

The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Winam Law Courts. The transfer was ordered under section 18 of the Civil Procedure Act to facilitate the hearing and determination of the matter in the court with proper jurisdiction and to promote access to justice as required by Article 48 of the Constitution.

Citation
[2025] KEHC 8440 (KLR)
Parties
Applicant: Siprosa Adhiambo Odero
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
17 June 2025
Case Number
Succession Cause E015 of 2025
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
File transferred to Winam Law Courts; Kisumu file closed.
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

Siprosa Adhiambo Odero

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Kisumu Law Courts have proper geographical jurisdiction over the matter.
  2. 2 Whether the file should be transferred to Winam Law Courts to facilitate access to justice.

Ratio Decidendi

The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Winam Law Courts. The transfer was ordered under section 18 of the Civil Procedure Act to facilitate the hearing and determination of the matter in the court with proper jurisdiction and to promote access to justice as required by Article 48 of the Constitution.

Court Disposition

File transferred to Winam Law Courts; Kisumu file closed.

Orders

  • The file is withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.
  • Parties to be notified of the transfer.