[2025] KEHC 7707 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the file from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was influenced by considerations of geographical jurisdiction and the constitutional imperative to facilitate...
Source-derived case information.
- Citation
- [2025] KEHC 7707 (KLR)
- Parties
- Applicant: Calvin Otieno Ochwata
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 284 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 Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calvin Otieno Ochwata
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the file from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was influenced by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to justice as enshrined in Article 48 of the Constitution. The court found that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter, and accordingly ordered the transfer of the file. The court also directed that the parties be notified and set a mention date before the Head of Station at Kombewa Law Courts for further directions.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
16 paragraphs
In re Estate of Omolo Ahwan alias Romanus Omolo Afwan (Deceased) (Miscellaneous Succession Application 284 of 2025) [2025] KEHC 7707 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7707 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 284 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF OMOLO AHWAN alias ROMANUS OMOLO AFWAN - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY CALVIN OTIENO OCHWATA - 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 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.