[2025] KEHC 8040 (KLR)
The court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard at the court with 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 8040 (KLR)
- Parties
- Applicant: George William Omoso; Respondent: Estate of Michael Onyango Omoso alias Michael Onyango Omoso (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 262 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- 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
George William Omoso
Applicant
Estate of Michael Onyango Omoso alias Michael Onyango Omoso (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard at the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the transfer of the file from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure that parties have convenient and effective access to the judicial process, and that the matter is heard in the most appropriate forum.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Michael Onyango Omoso alias Michael Onyango Omoso (Deceased) (Miscellaneous Succession Application 262 of 2025) [2025] KEHC 8040 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8040 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 262 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF MICHAEL ONYANGO OMOSO alias MICHAEL ONYANGO OMOSO - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GEORGE WILLIAM OMOSO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E372 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 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