[2025] KEHC 7596 (KLR)
The High Court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa 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 court exercised its discretion under...
Source-derived case information.
- Citation
- [2025] KEHC 7596 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 155 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
__MISSING__
Applicant
__MISSING__
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 file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa 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 court exercised its discretion under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby ensuring that the matter would be heard in the court with proper jurisdiction and in a manner that best facilitates access to justice for the parties.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Peterlis Hano Ndemu alias Hano Ndemu (Deceased) (Miscellaneous Succession Application 155 of 2025) [2025] KEHC 7596 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7596 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 155 of 2025
A Mabeya, J
June 4, 2025
(From Original Maseno Senior Principal Magistrate Succession Cause No. E158 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 10/6/2025 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 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE