[2025] KEHC 7254 (KLR)

Parties

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

1. 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
2. 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 succession matter from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48 of the Constitution. The transfer was deemed necessary to ensure that the matter is heard in the most appropriate forum, thereby facilitating access to justice for the parties. The court ordered the file to be withdrawn from Maseno and transferred to Kombewa for hearing and determination, and directed that the parties be notified accordingly.

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• The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.