[2025] KEHC 8063 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Maseno Law Courts. The court exercised its discretion under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 8063 (KLR)
- Parties
- Applicant: Patrick Kinyua Mbogo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 294 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Maseno Law Courts.
- 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
Patrick Kinyua Mbogo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has proper geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Maseno Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Maseno Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to ensure the matter is heard in the proper forum, thereby facilitating access to justice as required by Article 48 of the Constitution.
Court Disposition
Application for transfer granted; file transferred to Maseno Law Courts.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.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 Robert Mbogo Kinyua (Deceased) (Miscellaneous Succession Application 294 of 2025) [2025] KEHC 8063 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8063 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 294 of 2025
A Mabeya, J
June 9, 2025
In the matter of
Patrick Kinyua Mbogo
Applicant
(From Original Kisumu Chief Magistrate Succession Cause No. E068 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. 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 Maseno Law Courts for hearing and determination. The parties be notified.
3. Mention on 17/6/2025 before the Head of Station, Maseno 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