[2025] KEHC 8039 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from the Kisumu Law Courts to the Winam Law Courts. The transfer was ordered pursuant to the...
Source-derived case information.
- Citation
- [2025] KEHC 8039 (KLR)
- Parties
- Applicant: John Okumu Odida
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 291 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Okumu Odida
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has the proper geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to the Winam Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from the Kisumu Law Courts to the Winam Law Courts. The transfer was ordered pursuant to the court's powers under section 18 of the Civil Procedure Act, with the aim of ensuring that the matter is heard in the most suitable forum and that parties have effective access to justice.
Court Disposition
Application for transfer of proceedings granted.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.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 Odida Obiero Nyaidho alias Odida Obiero (Deceased) (Miscellaneous Succession Application 291 of 2025) [2025] KEHC 8039 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8039 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 291 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF ODIDA OBIERO NYAIDHO alias ODIDA OBIERO -(DECEASED) AND IN THE MATTER OF AN APPLICATION JOHN OKUMU ODIDA - APPLICANT
(From Original Kisumu Chief Magistrate Succession Cause No. E071 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam. 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 Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Winam 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