[2025] KEHC 8030 (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 court's...
Source-derived case information.
- Citation
- [2025] KEHC 8030 (KLR)
- Parties
- Applicant: Kennedy Omondi Mohodho; Respondent: Estate of Romanus Muhodho (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 244 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa 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
Kennedy Omondi Mohodho
Applicant
Estate of Romanus Muhodho (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear 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 court's powers under section 18 of the Civil Procedure Act, which allows for the transfer of cases to ensure convenience and proper administration of justice. The court emphasized the need to facilitate access to justice as enshrined in Article 48 of the Constitution of Kenya. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing...
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Romanus Muhodho (Deceased) (Miscellaneous Succession Application 244 of 2025) [2025] KEHC 8030 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8030 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 244 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF ROMANUS MUHODHO -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY KENNEDY OMONDI MOHODHO - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E564 of 2024)
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 16/6/2025 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 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE