[2025] KEHC 7655 (KLR)
The 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 jurisdiction under section 18 of...
Source-derived case information.
- Citation
- [2025] KEHC 7655 (KLR)
- Parties
- Applicant: Josephine Akoth Gumbi; Respondent: Estate of Nyaundi Kwaye (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 214 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephine Akoth Gumbi
Applicant
Estate of Nyaundi Kwaye (Deceased)
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 file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The 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 jurisdiction under section 18 of the Civil Procedure Act to facilitate the hearing and determination of the matter in the proper forum, thereby upholding the parties' right to access justice as enshrined in Article 48 of the Constitution.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Nyaundi Kwaye (Deceased) (Miscellaneous Succession Application 214 of 2025) [2025] KEHC 7655 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7655 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 214 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF NYAUNDI KWAYE -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JOSEPHINE AKOTH GUMBI - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E053 of 2025)
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