[2025] KEHC 8076 (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, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of...
Source-derived case information.
- Citation
- [2025] KEHC 8076 (KLR)
- Parties
- Applicant: Joshua Ongele Obara; Respondent: Obara Obado (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 222 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 Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Ongele Obara
Applicant
Obara Obado (Deceased)
Respondent
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 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, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of the Civil Procedure Act to ensure the matter is heard in the most suitable forum, thereby facilitating access to justice for the parties. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Obara Obado (Deceased) (Miscellaneous Succession Application 222 of 2025) [2025] KEHC 8076 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8076 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 222 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF OBARA OBADO -(DECEASED) AND IN THE MATT ER OF AN APPLICATION BY JOSHUA ONGELE OBARA - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E005 of 2023)
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.
DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE