[2025] KEHC 7658 (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 court exercised its jurisdiction under section 18 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7658 (KLR)
- Parties
- Applicant: Everline Nafula Ogwel; Respondent: Ogwel Ogwel alias Samuel Ogwel Ogwel (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 205 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Everline Nafula Ogwel
Applicant
Ogwel Ogwel alias Samuel Ogwel Ogwel (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the proper 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 file from Maseno Law Courts to Kombewa Law Courts. The court exercised its jurisdiction under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the court with proper territorial jurisdiction and that the parties' right to access justice would be upheld.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Ogwel Ogwel alias Samuel Ogwel Ogwel (Deceased) (Miscellaneous Succession Application 205 of 2025) [2025] KEHC 7658 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7658 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 205 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF OGWEL OGWEL alias SAMUEL OGWEL OGWEL -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY EVERLINE NAFULA OGWEL - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E166 of 2025)
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