[2025] KEHC 7720 (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 under Article 48, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its...
Source-derived case information.
- Citation
- [2025] KEHC 7720 (KLR)
- Parties
- Applicant: Wilson Ondoro Nyikal; Applicant: Richard Obondo Nyikal; Applicant: Rispa Akinyi Nyikal
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 203 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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
Wilson Ondoro Nyikal
Applicant
Richard Obondo Nyikal
Applicant
Rispa Akinyi Nyikal
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
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 under Article 48, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to withdraw the file from Maseno and direct its transfer to Kombewa for hearing and determination, thereby ensuring that the matter is heard in the most suitable forum for the parties.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Nyikal Onyuol Obonyo alias Nyikal Onyuol (Deceased) (Miscellaneous Succession Cause 203 of 2025) [2025] KEHC 7720 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7720 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 203 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF NYIKAL ONYUOL OBONYO alias NYIKAL ONYUOL -(DECEASED)
AND IN THE MATTER OF AN APPLICATION BY WILSON ONDORO NYIKAL, RICHARD OBONDO NYIKAL & RISPA AKINYI NYIKAL - APPLICANTS
(From Original Maseno Senior Principal Magistrate Succession Cause No. E226 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.
DATEDAND DELIVEREDAT KISUMU THIS 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE