[2025] KEHC 7874 (KLR)
The court determined 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered pursuant to section...
Source-derived case information.
- Citation
- [2025] KEHC 7874 (KLR)
- Parties
- Applicant: John Wadende Okello
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 280 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings 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
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Parties
John Wadende Okello
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined 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 succession cause from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered pursuant to section 18 of the Civil Procedure Act to ensure the matter is heard in the proper forum and to facilitate access to justice for the parties involved.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts; file marked as closed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Okello Jagongo (Deceased) (Miscellaneous Succession Application 280 of 2025) [2025] KEHC 7874 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7874 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 280 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF OKELLO JAGONGO - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JOHN WADENDE OKELLO - APPLICANT
In the matter of
John Wadende Okello
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E202 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 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.