[2025] KEHC 8044 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. Exercising its powers under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 8044 (KLR)
- Parties
- Applicant: Richard Aloo Limumba; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 250 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 Suit, Jurisdiction of Courts, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Aloo Limumba
Applicant
__MISSING__
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 for hearing and determination.
- 3 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal and transfer of the file to Kombewa Law Courts for hearing and determination. The court emphasized the need to ensure that matters are heard in the court with proper jurisdiction and that parties are not denied access to justice due to geographical constraints.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Morris Auma Oketch (Deceased) (Miscellaneous Succession Application 250 of 2025) [2025] KEHC 8044 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8044 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 250 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF MORRIS AUMA OKETCH - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY RICHARD ALOO LIMUMBA - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E457 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