[2025] KEHC 8062 (KLR)
The High Court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Kisumu Law Courts to Winam Law Courts. The court exercised its discretion under section...
Source-derived case information.
- Citation
- [2025] KEHC 8062 (KLR)
- Parties
- Applicant: Samwel Wamila Onduongo; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 296 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, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Wamila Onduongo
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Winam Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Kisumu Law Courts to Winam Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to facilitate access to justice and ensure the matter is heard in the most convenient forum. The file was accordingly withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Raphael Nyajuoga Onduongo (Deceased (Miscellaneous Succession Application 296 of 2025) [2025] KEHC 8062 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8062 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 296 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF RAPHAEL NYAJUOGA ONDUONGO - (DECEASED)
AND
IN THE MATTER OF AN APPLICATION SAMWEL WAMILA ONDUONGO - APPLICANT
(From Original Kisumu Chief Magistrate Succession Cause No. E072 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam. 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 Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Winam 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