[2025] KEHC 7783 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional requirement to facilitate access to justice. The transfer was deemed...
Source-derived case information.
- Citation
- [2025] KEHC 7783 (KLR)
- Parties
- Applicant: Aloice Akoth Akoth
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 132 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
- 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
Aloice Akoth Akoth
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.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional requirement to facilitate access to justice. The transfer was deemed necessary to ensure the matter is heard in the most appropriate forum, thereby upholding the applicant's right to access justice under Article 48 of the Constitution.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Okach Okuna (Deceased) (Miscellaneous Succession Application 132 of 2025) [2025] KEHC 7783 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7783 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 132 of 2025
A Mabeya, J
June 4, 2025
In the matter of
Aloice Akoth Akoth
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 10/6/2025 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 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE