[2025] KEHC 7566 (KLR)
The court determined that, in the interest of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with the proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the...
Source-derived case information.
- Citation
- [2025] KEHC 7566 (KLR)
- Parties
- Applicant: Afline Achieng Obonyo; Respondent: Estate of Michael Omolo alias Michael Omolo Okongo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 113 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 Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Afline Achieng Obonyo
Applicant
Estate of Michael Omolo alias Michael Omolo Okongo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / 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 file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined that, in the interest of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with the proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The decision was guided by the need to ensure that parties have convenient and effective access to the court best suited to hear the matter.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Omolo alias Michael Omolo Okongo (Deceased) (Miscellaneous Succession Application 113 of 2025) [2025] KEHC 7566 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7566 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 113 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF MICHAEL OMOLO alias MICHAEL OMOLO OKONGO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY AFLINE ACHIENG OBONYO - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E320 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 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.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE