[2025] KEHC 7390 (KLR)
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts are the appropriate forum for hearing and determining the succession cause. The transfer is necessary to align with the constitutional imperative of access to justice under Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7390 (KLR)
- Parties
- Applicant: Hesbon Onyano Achecho
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 78 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
Hesbon Onyano Achecho
Applicant
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 powers under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts are the appropriate forum for hearing and determining the succession cause. The transfer is necessary to align with the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya. The court found that the geographical jurisdiction of Kombewa Law Courts is more suitable for the matter, and thus ordered the withdrawal of the file from Maseno Law Courts and its transfer 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Walter Achecho Odhieny (Deceased) (Miscellaneous Succession Application 78 of 2025) [2025] KEHC 7390 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7390 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 78 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF WALTER ACHECHO ODHIENY (DECEASED) AND IN THE MATT ER OF AN APPLICATION BY HESBON ONYANO ACHECHO- PETITIONER
In the matter of
Hesbon Onyano Achecho
Petitioner
(From Original Maseno Senior Principal Magistrate Succession Cause No. E051 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 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.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE