[2025] KEHC 7865 (KLR)
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Law Courts 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 High Court exercised its discretion under section 18 of...
Source-derived case information.
- Citation
- [2025] KEHC 7865 (KLR)
- Parties
- Applicant: Kefa Thadayo Onyango; Respondent: Onyango Absai Mcobanda (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 266 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 Suit, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kefa Thadayo Onyango
Applicant
Onyango Absai Mcobanda (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Maseno and Kombewa Law Courts 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 High Court exercised its discretion under section 18 of the Civil Procedure Act to ensure the matter would be heard in the most suitable forum, thereby facilitating access to justice for the parties involved. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Onyango Absai Mcobanda (Deceased) (Miscellaneous Succession Application 266 of 2025) [2025] KEHC 7865 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7865 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 266 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF ONYANGO ABSAI MCOBANDA - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY KEFA THADAYO ONYANGO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E045 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.