[2025] KEHC 8067 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the interests of justice and the constitutional imperative of access to justice under Article 48 required the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts. The court considered...
Source-derived case information.
- Citation
- [2025] KEHC 8067 (KLR)
- Parties
- Applicant: Grace Adhiambo Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 258 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, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Adhiambo Ochieng
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate 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 High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the interests of justice and the constitutional imperative of access to justice under Article 48 required the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and found that Kombewa Law Courts was the appropriate forum for hearing and determination of the matter. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
19 paragraphs
In re Estate of Moses Ochieng Ochola (Deceased) (Miscellaneous Succession Application 258 of 2025) [2025] KEHC 8067 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8067 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 258 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF MOSES OCHIENG OCHOLA - (DECEASED)
AND
In the matter of
Grace Adhiambo Ochieng
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E008 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.
DATEDAND DELIVEREDAT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE