[2025] KEHC 9844 (KLR)
The court found that, considering the geographical jurisdiction of the Kisumu and Maseno Magistrate's Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from the Kisumu Law Courts to the Maseno Law Courts. The court exercised its discretion under...
Source-derived case information.
- Citation
- [2025] KEHC 9844 (KLR)
- Parties
- Applicant: John Omolo Owino
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 306 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omolo Owino
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to the Maseno Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Kisumu and Maseno Magistrate's Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from the Kisumu Law Courts to the Maseno Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to withdraw the file from Kisumu and transfer it to Maseno for hearing and determination, thereby ensuring that the matter is heard in the court with proper jurisdiction and that parties' access to justice is facilitated.
Court Disposition
Application for transfer of proceedings granted.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Michael Owino Oloo (Deceased) (Miscellaneous Succession Application 306 of 2025) [2025] KEHC 9844 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9844 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 306 of 2025
A Mabeya, J
July 9, 2025
SUCCESSION MISC. APPLICATION NO. 306 OF 2025
IN THE MATTER OF THE ESTATE OF MICHAEL OWINO OLOO -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JOHN OMOLO OWINO
In the matter of
John Omolo Owino
Petitioner
(From Original Kisumu Magistrate’s Court Succession Cause No. E094 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. 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 Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination. The parties be notified.
3. Mention on 25/7/2025 before the Head of Station, Maseno 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 JULY, 2025. A. MABEYA, FCI, ArbJUDGE