[2025] KEHC 7358 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to...
Source-derived case information.
- Citation
- [2025] KEHC 7358 (KLR)
- Parties
- Applicant: Rose Adhiambo Odindo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 118 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Adhiambo Odindo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause 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 succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided 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 transferring the matter would better serve the interests of justice and ensure that the parties could access the court more conveniently. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Paul Odindo Odinga alias Abila Odingo (Deceased) (Miscellaneous Succession Application 118 of 2025) [2025] KEHC 7358 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7358 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 118 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF PAUL ODINDO ODINGA alias ABILA ODINDO (DECEASED) AND IN THE MAT TER OF AN APPLICATION BY ROSE ADHIAMBO ODINDO - PETITIONER
In the matter of
Rose Adhiambo Odingo
Petitioner
(From Original Maseno Senior Principal Magistrate Succession Cause No. E339 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 9/6/2025 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 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE