[2025] KEHC 8073 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the succession cause should be transferred from Maseno Law Courts to Kombewa Law Courts. The decision was guided by considerations of proper geographical jurisdiction and the constitutional imperative to...
Source-derived case information.
- Citation
- [2025] KEHC 8073 (KLR)
- Parties
- Applicant: Samwel Odindo Obwago; Applicant: George Otieno Okumu; Applicant: Benard Oyoo Odindo; Applicant: Walter Boaz Obonyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 230 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
Samwel Odindo Obwago
Applicant
George Otieno Okumu
Applicant
Benard Oyoo Odindo
Applicant
Walter Boaz Obonyo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over 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 succession cause should be transferred from Maseno Law Courts to Kombewa Law Courts. The decision was guided by considerations of proper geographical jurisdiction and the constitutional imperative to facilitate access to justice under Article 48 of the Constitution. The court found that Kombewa Law Courts was the appropriate forum for hearing and determination of the matter, and accordingly ordered the transfer of the file. The court also directed that the parties be notified and set a mention date for further directions before the Head of Station at Kombewa Law Courts.
Court Disposition
Application for transfer of proceedings granted.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Walter Obwago Obiero alias Walter Obwago (Deceased) (Miscellaneous Succession Application 230 of 2025) [2025] KEHC 8073 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8073 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 230 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF WALTER OBWAGO OBIERO alias WALTER OBWAGO -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY SAMWEL ODINDO OBWAGO, GEORGE OTIENO OKUMU, BENARD OYOO ODINDO & WALTER BOAZ OBONYO - APPLICANTS
(From Original Maseno Senior Principal Magistrate Succession Cause No. E303 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.
DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE