[2025] KEHC 7666 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The...
Source-derived case information.
- Citation
- [2025] KEHC 7666 (KLR)
- Parties
- Applicant: Issac Juma Odiwa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 181 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
Issac Juma Odiwa
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was deemed necessary to ensure that the matter is heard in the most appropriate forum, thereby facilitating access to justice for the parties. The court ordered the file withdrawn from Maseno and transferred to Kombewa for hearing and determination, with a mention date set for further directions.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
16 paragraphs
In re Estate of Nashon Odiwo Oyende (Deceased) (Miscellaneous Succession Application 181 of 2025) [2025] KEHC 7666 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7666 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 181 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF NASHON ODIWO OYENDE -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY ISSAC JUMA ODIWA - APPLICANT
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 12/6/2025 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 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.