[2025] KEHC 7564 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession proceedings from Maseno Law Courts to Kombewa Law Courts was necessary to facilitate access to justice as mandated by Article 48 of the Constitution. The court considered the...
Source-derived case information.
- Citation
- [2025] KEHC 7564 (KLR)
- Parties
- Applicant: Jack Omondi Ajwang
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 108 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jack Omondi Ajwang
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession proceedings 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 proceedings from Maseno Law Courts to Kombewa Law Courts was necessary to facilitate access to justice as mandated by Article 48 of the Constitution. The court considered the geographical jurisdiction of both courts and found that Kombewa Law Courts was the more appropriate forum for the hearing and determination of the matter. The transfer was ordered to ensure that the parties could access the court more conveniently and efficiently, thereby upholding the constitutional imperative of access to justice.
Court Disposition
Application for transfer of proceedings 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Peter Ajwango Obondo alias Ajwang Obondo (Deceased) (Miscellaneous Succession Application 108 of 2025) [2025] KEHC 7564 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7564 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 108 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF PETER AJWANGO OBONDO alias AJWANG OBONDO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JACK OMONDI AJWANG - PETITIONER
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.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.