[2025] KEHC 7727 (KLR)
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer...
Source-derived case information.
- Citation
- [2025] KEHC 7727 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 195 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 Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was deemed necessary to ensure that the matter is heard in the most appropriate forum, thereby facilitating easier access to justice for the parties. The court found no reason to retain the matter at Maseno and ordered its transfer to Kombewa for hearing and determination.
Court Disposition
Application for transfer of proceedings allowed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
14 paragraphs
In re Estate of Raphael Siguda Atore alias Siguda Atore (Deceased) (Miscellaneous Succession Application 195 of 2025) [2025] KEHC 7727 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7727 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 195 of 2025
A Mabeya, J
June 5, 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.
DATEDAND DELIVEREDAT KISUMU THIS 5THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE