[2025] KEHC 7653 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7653 (KLR)
- Parties
- Applicant: Doris Adhiambo Akoko; Applicant: Isaiah Onynago Akuku; Applicant: Dennedy
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 265 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- file transferred to Kombewa Law Courts; file marked as closed at High Court
- 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
Doris Adhiambo Akoko
Applicant
Isaiah Onynago Akuku
Applicant
Dennedy
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. The Court further considered the constitutional imperative of access to justice under Article 48 of the Constitution. Consequently, the Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination, ensuring that the matter would be heard in the forum most accessible and appropriate for the parties.
Court Disposition
file transferred to Kombewa Law Courts; file marked as closed at High Court
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Patrice Adongo Arach alias Patrice Adongo alias Adongo Arach alias Mariko Odongo (Deceased) (Miscellaneous Succession Application 265 of 2025) [2025] KEHC 7653 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7653 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 265 of 2025
A Mabeya, J
June 5, 2025
N THE MATTER OF THE ESTATE OF PATRICE ADONGO ARACH alias PATRICE ADONGO alias ADONGO ARACH alias MARIKO ODONGO -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY DORIS ADHIAMBO AKOKO, ISAIAH ONYNAGO AKUKU, DENNEDY
(From Original Maseno Senior Principal Magistrate Succession Cause No. E149 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.
DATEDAND DELIVEREDAT KISUMU THIS 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE