[2025] KEHC 7551 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the geographical jurisdiction of the Kombewa Law Courts was more appropriate for the hearing and determination of the succession cause. The court also considered the constitutional imperative of access to justice...
Source-derived case information.
- Citation
- [2025] KEHC 7551 (KLR)
- Parties
- Applicant: Alfred Oluoch Ruong'o; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 68 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 Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Oluoch Ruong'o
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate 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 High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the geographical jurisdiction of the Kombewa Law Courts was more appropriate for the hearing and determination of the succession cause. The court also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya. Consequently, the court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts to ensure that the matter is heard in the most suitable forum, thereby promoting efficient administration of justice and upholding constitutional rights.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Samuel Ruong'o Monye (Deceased) (Miscellaneous Succession Application 68 of 2025) [2025] KEHC 7551 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7551 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 68 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF SAMUEL RUONG’O MONYE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY ALFRED OLUOCH RUONG’O- PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E025 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 Constitutionof 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 9/6/2025 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 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE