[2025] KEHC 7555 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession proceedings from Maseno Law Courts to Kombewa Law Courts was appropriate. The decision was guided by the need to ensure access to justice as enshrined in Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7555 (KLR)
- Parties
- Applicant: Janet Oka Fumbo; Respondent: Estate of Thomas Osodo Ogigi alias Osodo Ogigi (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 83 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 Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Oka Fumbo
Applicant
Estate of Thomas Osodo Ogigi alias Osodo Ogigi (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession proceedings from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer would enhance access to justice as required by 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 proceedings from Maseno Law Courts to Kombewa Law Courts was appropriate. 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 transferring the matter to Kombewa would better serve the interests of justice and convenience for the parties. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
15 paragraphs
In re Estate of Thomas Osodo Ogigi alias Osodo Ogigi (Deceased) (Miscellaneous Succession Application 83 of 2025) [2025] KEHC 7555 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7555 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 83 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF THOMAS OSODO OGIGI alias OSODO OGIGI (DECEASED) AND IN THE MAT TER OF AN APPLICATION BY JANET OKA FUMBO - PETITIONER
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 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