[2025] KEHC 7878 (KLR)
The court determined 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 decision was made pursuant to the High...
Source-derived case information.
- Citation
- [2025] KEHC 7878 (KLR)
- Parties
- Applicant: Daniel Oulo Ongwen; Applicant: Jecton Odhiambo Ongwen
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 208 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
Daniel Oulo Ongwen
Applicant
Jecton Odhiambo Ongwen
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined 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 decision was made pursuant to the High Court's powers under section 18 of the Civil Procedure Act, which allows for the transfer of proceedings to ensure justice and convenience. The court emphasized that access to justice, as guaranteed by Article 48 of the Constitution, must be facilitated by ensuring that matters are heard in the most appropriate forum. Accordingly, the file was withdrawn from Maseno and...
Court Disposition
Application for transfer of proceedings granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
20 paragraphs
In re Estate of Rael Oulo Ongwen alias Rael Mbaganga Ogwen (Deceased) (Miscellaneous Succession Application 208 of 2025) [2025] KEHC 7878 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7878 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 208 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF RAEL OULO ONGWEN alias RAEL MBAGANGA OGWEN -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY DANIEL OULO ONGWEN and JECTON ODHIAMBO ONGWEN- APPLICANTS
In the matter of
Daniel Oulo Ongwen
1st Applicant
Jecton Odhiambo Ongwen
2nd Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E141 of 2025)
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