[2025] KEHC 7366 (KLR)
The High Court determined 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 file from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18...
Source-derived case information.
- Citation
- [2025] KEHC 7366 (KLR)
- Parties
- Applicant: Hesbon Ogola Olore; Respondent: Nora Ogola alias Nora Ogola Ongisa (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 103 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer 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
Hesbon Ogola Olore
Applicant
Nora Ogola alias Nora Ogola Ongisa (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have geographical jurisdiction over the matter.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined 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 file from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to facilitate access to justice and ensure the matter is heard in the most suitable forum. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination, with parties to be notified and the file marked as closed at the High Court level.
Court Disposition
Application for transfer 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Nora Ogola alias Nora Ogola Ongisa (Deceased) (Miscellaneous Succession Application 103 of 2025) [2025] KEHC 7366 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7366 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 103 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF NORA OGOLA alias NORA OGOLA ONGISA (DECEASED)
AND
IN THE MAT TER OF AN APPLICATION BY HESBON OGOLA OLORE - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E245 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 9/6/2025 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 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE