[2025] KEHC 7871 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by the need to ensure that the matter is heard in the court with appropriate geographical...
Source-derived case information.
- Citation
- [2025] KEHC 7871 (KLR)
- Parties
- Applicant: Aflina Odongo Ongele
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 191 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- file transferred to Kombewa Law Courts; file marked as closed in High Court
- 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
Aflina Odongo Ongele
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
- 2 Whether the transfer is necessary to facilitate access to justice as per Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by the need to ensure that the matter is heard in the court with appropriate geographical jurisdiction and to promote access to justice as mandated by Article 48 of the Constitution. The court found that transferring the file would better serve the interests of justice and convenience for the parties. Consequently, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
Court Disposition
file transferred to Kombewa Law Courts; file marked as closed in High Court
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Odhiambo Demba Onyango alias Odhiambo Odemba Onyango (Deceased) (Miscellaneous Succession Application 191 of 2025) [2025] KEHC 7871 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7871 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 191 of 2025
A Mabeya, J
June 5, 2025
In re Estate of Odhiambo Demba Onyango alias Odhiambo Odemba Onyango (Deceased)
In the matter of
Aflina Odongo Ongele
Applicant
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