[2025] KEHC 7608 (KLR)
The court found that the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa was central to the proper hearing of the succession cause. Considering the constitutional imperative of access to justice under Article 48, and exercising its powers under section 18 of the Civil Procedure Act, the...
Source-derived case information.
- Citation
- [2025] KEHC 7608 (KLR)
- Parties
- Applicant: Richard Omondi; Respondent: Estate of Okelo Oyoko (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 150 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- 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
Richard Omondi
Applicant
Estate of Okelo Oyoko (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
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 the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa was central to the proper hearing of the succession cause. Considering the constitutional imperative of access to justice under Article 48, and exercising its powers under section 18 of the Civil Procedure Act, the High Court determined that it was appropriate to withdraw the file from Maseno Law Courts and transfer it to Kombewa Law Courts for hearing and determination. The court emphasized that the transfer would facilitate access to justice for the parties involved and ensure the matter is heard in the correct forum.
Court Disposition
Application for transfer of proceedings allowed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Okelo Oyoko (Deceased) (Miscellaneous Succession Application 150 of 2025) [2025] KEHC 7608 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7608 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 150 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF OKELO OYOKO - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY RICHARD OMONDI - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E242 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 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.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.