[2025] KEHC 8050 (KLR)
The 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 jurisdiction under section...
Source-derived case information.
- Citation
- [2025] KEHC 8050 (KLR)
- Parties
- Applicant: Elizabeth Awuor Osio; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 248 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- 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
Elizabeth Awuor Osio
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate 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 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 jurisdiction under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the most suitable forum for all parties and in line with constitutional principles.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Peter Osiyo alias Petro Osio Owii alias Peter Osio Owii alias Musa Owii Anyang (Deceased) (Miscellaneous Succession Application 248 of 2025) [2025] KEHC 8050 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8050 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 248 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF PETER OSIYO OWII alias PETRO OSIO OWII alias PETER OSIO OWII alias MUSA OWII ANYANG - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ELIZABETH AWUOR OSIO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E462 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 16/6/2025 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.