[2025] KEHC 7708 (KLR)
The court found that the Maseno Law Courts did not have the appropriate geographical jurisdiction to hear the succession cause concerning the estate of Oyugi Aduona. In exercising its powers under section 18 of the Civil Procedure Act and guided by the constitutional imperative of access to justice under Article 48,...
Source-derived case information.
- Citation
- [2025] KEHC 7708 (KLR)
- Parties
- Applicant: Patricia Akelo Oliech; Respondent: Oyugi Aduona (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 279 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 of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patricia Akelo Oliech
Applicant
Oyugi Aduona (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the 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 the Maseno Law Courts did not have the appropriate geographical jurisdiction to hear the succession cause concerning the estate of Oyugi Aduona. In exercising its powers under section 18 of the Civil Procedure Act and guided by the constitutional imperative of access to justice under Article 48, the High Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The decision ensures that the matter is heard in the proper forum, thereby upholding the right to access to justice and the efficient administration of succession proceedings.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Oyugi Aduona (Deceased) (Miscellaneous Succession Application 279 of 2025) [2025] KEHC 7708 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7708 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 279 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF OYUGI ADUONA - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY PATRICIA AKELO OLIECH - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E243 of 2025)
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 Constitutionof 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