[2025] KEHC 8072 (KLR)
The court found 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 file from Maseno Law Courts to Kombewa Law Courts. The decision was made in exercise of the High Court's powers...
Source-derived case information.
- Citation
- [2025] KEHC 8072 (KLR)
- Parties
- Applicant: Pamela Achieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 252 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Achieng
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the matter should be transferred from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
- 2 Whether the transfer is necessary to facilitate access to justice as per Article 48 of the Constitution.
Ratio Decidendi
The court found 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 file from Maseno Law Courts to Kombewa Law Courts. The decision was made in exercise of the High Court's powers under section 18 of the Civil Procedure Act, with the aim of ensuring that the matter is heard in the most suitable forum and that the parties' right to access justice is upheld.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Omolo Jagero alias Jagero Jagero (Deceased) (Miscellaneous Succession Application 252 of 2025) [2025] KEHC 8072 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8072 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 252 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF OMOLO JAGERO alias JAGERO JAGERO - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PAMELA ACHIENG - APPLICANT
In the matter of
Pamela Achieng
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 theConstitution 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 16/6/2025 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE