[2025] KEHC 7777 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by the need to ensure access to justice as enshrined in Article 48 of the Constitution. The...
Source-derived case information.
- Citation
- [2025] KEHC 7777 (KLR)
- Parties
- Applicant: Jackson Kubi Obura
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 157 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Kubi Obura
Applicant
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 is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by the need to ensure access to justice as enshrined in Article 48 of the Constitution. The Court considered the geographical jurisdiction of both courts and concluded that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.
Court Disposition
Application for transfer 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Teresa Magamboi Obura (Deeased) (Miscellaneous Succession Application 157 of 2025) [2025] KEHC 7777 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7777 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 157 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF TERESA MAGAMBOI OBURA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JACKSON KUBI OBURA - APPLICANT
In the matter of
Jackso Kubi Obura
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E164 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 10/6/2025 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 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE