[2025] KEHC 7852 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts at Maseno and Kombewa, and in light of the constitutional imperative of access to justice under Article 48 of the Constitution, it was appropriate to exercise its powers under section 18 of the Civil Procedure Act to transfer...
Source-derived case information.
- Citation
- [2025] KEHC 7852 (KLR)
- Parties
- Applicant: Simon Odunga Omolo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 288 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file at High Court marked as closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Odunga Omolo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts or Kombewa Law Courts have proper geographical jurisdiction over the succession matter.
- 2 Whether transfer of the file is necessary to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts at Maseno and Kombewa, and in light of the constitutional imperative of access to justice under Article 48 of the Constitution, it was appropriate to exercise its powers under section 18 of the Civil Procedure Act to transfer the file. The transfer would ensure the matter is heard in the court with proper jurisdiction and would facilitate easier access to justice for the parties. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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; file at High Court marked as closed.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Pitalis Omolo Ondule alias Ondule Omolo (Deceased) (Miscellaneous Succession Application 288 of 2025) [2025] KEHC 7852 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7852 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 288 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF PITALIS OMOLO ONDULE alias ONDULE OMOLO - (DECEASED)
In the matter of
Simon Odunga Omolo
Applicant
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 12/6/2025 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 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE