[2025] KEHC 7879 (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 High Court exercised its power under section...
Source-derived case information.
- Citation
- [2025] KEHC 7879 (KLR)
- Parties
- Applicant: Jane Atieno Ombwayo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 197 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
Jane Atieno Ombwayo
Applicant
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 file 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 High Court exercised its power under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby facilitating access to justice for the parties involved.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Obwayo Odede alias Simion Ombwayo Odede (Deceased) (Miscellaneous Succession Application 197 of 2025) [2025] KEHC 7879 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7879 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 197 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF OBWAYO ODEDE alias SIMION OMBWAYO ODEDE -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY JANE ATIENO OMBWAYO - APPLICANT
In the matter of
Jane Atieno Ombwayo
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E542 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 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