[2025] KEHC 9266 (KLR)
The court found that, considering the geographical jurisdiction of the Tamu and Nyando Magistrate's Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Tamu Law Courts to Nyando Law Courts. The transfer was made pursuant to the powers conferred by...
Source-derived case information.
- Citation
- [2025] KEHC 9266 (KLR)
- Parties
- Applicant: Rhoda Anyango Oyuga; Applicant: Jared Odoyo Olare; Applicant: Ezekiel Onyango Olare; Applicant: Ann Anyango Olare
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 301 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- 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
Rhoda Anyango Oyuga
Applicant
Jared Odoyo Olare
Applicant
Ezekiel Onyango Olare
Applicant
Ann Anyango Olare
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Tamu Magistrate's Court has proper geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Nyando Law Courts for hearing and determination.
- 3 Whether the transfer is necessary to uphold access to justice under Article 48 of the Constitution.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Tamu and Nyando Magistrate's Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Tamu Law Courts to Nyando Law Courts. The transfer was made pursuant to the powers conferred by section 18 of the Civil Procedure Act, ensuring that the matter would be heard in the court with proper jurisdiction and that the parties' right to access justice would be preserved.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Tamu Law Courts and transferred to Nyando Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Pitalis Olare Ojuoko (Deceased) (Miscellaneous Succession Application 301 of 2025) [2025] KEHC 9266 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9266 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 301 of 2025
A Mabeya, J
June 30, 2025
IN THE MATTER OF THE ESTATE OF PITALIS OLARE OJUOKO -(DECEASED)
AND IN THE MATTER OF AN APPLICATION BY RHODA ANYANGO OYUGA, JARED ODOYO OLARE, EZEKIEL ONYANGO OLARE and ANN ANYANGO OLARE - PETITIONERS
In the matter of
Rhoda Anyango Oyuga
1st Petitioner
Jared Odoyo Olare
2nd Petitioner
Ezekiel Onyango olare
3rd Petitioner
Ann anyango Olare
4th Petitioner
(From Original Tamu Magistrate’s Succession Cause No. E028 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Tamu and Nyando. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitutionof 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 Tamu Law Courts and transferred to Nyando Law Courts for hearing and determination. The parties be notified.
3. Mention on 21/7/2025 before the Head of Station, Nyando Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE