[2025] KEHC 8016 (KLR)
The court found that Kombewa Law Courts have the appropriate geographical jurisdiction to hear the succession cause. In exercising its discretion under section 18 of the Civil Procedure Act, and guided by the constitutional imperative of access to justice under Article 48, the High Court ordered the transfer of the...
Source-derived case information.
- Citation
- [2025] KEHC 8016 (KLR)
- Parties
- Applicant: Magret Oneya Anam; Applicant: Nicholas Jera Anam
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 263 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
Magret Oneya Anam
Applicant
Nicholas Jera Anam
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the proper geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that Kombewa Law Courts have the appropriate geographical jurisdiction to hear the succession cause. In exercising its discretion under section 18 of the Civil Procedure Act, and guided by the constitutional imperative of access to justice under Article 48, the High Court ordered the transfer of the file from Maseno Law Courts to Kombewa Law Courts. The court emphasized that the transfer would facilitate the efficient and just determination of the matter, and that parties should be notified accordingly. The file was marked as closed at the High Court level, with further directions to be given at Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
16 paragraphs
In re Estate of Sila Anam Jera alias Sila Anam (Deceased) (Miscellaneous Succession Application 263 of 2025) [2025] KEHC 8016 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8016 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 263 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF SILA ANAM JERA alias SILA ANAM - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MAGRET ONEYA ANAM & NICHOLAS JERA ANAM - APPLICANTS
(From Original Maseno Senior Principal Magistrate Succession Cause No. E277 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 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.
DATEDAND DELIVEREDAT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE