[2025] KEHC 8070 (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 file from Maseno Law Courts to Kombewa Law Courts. The decision was made pursuant to section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 8070 (KLR)
- Parties
- Applicant: Phylgona Aoko Ogola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 246 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling
- Outcome
- Application for transfer of proceedings granted.
- 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
Phylgona Aoko Ogola
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over 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 file from Maseno Law Courts to Kombewa Law Courts. The decision was made pursuant to section 18 of the Civil Procedure Act, which empowers the High Court to withdraw and transfer cases between subordinate courts. The court emphasized the need to facilitate access to justice as enshrined in Article 48 of the Constitution of Kenya. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
Court Disposition
Application for transfer of proceedings granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Ogola Owuor (Deceased) (Miscellaneous Succession Application 246 of 2025) [2025] KEHC 8070 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8070 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 246 of 2025
A Mabeya, J
June 9, 2025
In the matter of
Phylgona Aoko Ogola
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E489 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 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.