[2025] KEHC 7561 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure that the matter is heard in the most appropriate geographical jurisdiction and to uphold the constitutional...
Source-derived case information.
- Citation
- [2025] KEHC 7561 (KLR)
- Parties
- Applicant: Dominic Ongoro Miyungi; Applicant: George Ogal Miyungi; Respondent: Estate of Michael Miyungi Fuko alias Miyungi Fuko (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 101 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, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Ongoro Miyungi
Applicant
George Ogal Miyungi
Applicant
Estate of Michael Miyungi Fuko alias Miyungi Fuko (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause 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 exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure that the matter is heard in the most appropriate geographical jurisdiction and to uphold the constitutional imperative of access to justice as enshrined in Article 48 of the Constitution. The court found that transferring the file would facilitate a fair and efficient hearing and determination of the succession cause. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Michael Miyungi Fuko alias Miyungi Fuko (Deceased) (Miscellaneous Succession Application 101 of 2025) [2025] KEHC 7561 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7561 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 101 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF MICHAEL MIYUNGI FUKO alias MIYUNGI FUKO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY DOMINIC ONGORO MIYUNGI and GEORGE OGAL MIYUNGI
(From Original Maseno Senior Principal Magistrate Succession Cause No. E126 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 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE