[2025] KEHC 9333 (KLR)
The court determined that, in the interest of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the...
Source-derived case information.
- Citation
- [2025] KEHC 9333 (KLR)
- Parties
- Applicant: Rochalt William Onyango; Applicant: Sheryl Stellar Ongonga; Applicant: Philemon E. Otieno Ongonga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 300 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
Rochalt William Onyango
Applicant
Sheryl Stellar Ongonga
Applicant
Philemon E. Otieno Ongonga
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have 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 court determined that, in the interest of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the transfer of the file from Maseno Law Courts to Kombewa Law Courts. The decision was guided by the need to ensure that parties have convenient access to the court and that the matter is heard in the appropriate forum.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Washingtone George Arowo Ongonga (Deceased) (Miscellaneous Succession Application 300 of 2025) [2025] KEHC 9333 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9333 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 300 of 2025
A Mabeya, J
June 30, 2025
IN THE MATTER OF THE ESTATE OF WASHINGTONE GEORGE AROWO ONGONGA -(DECEASED)
AND IN THE MATTER OF AN APPLICATION BY ROCHALT WILLIAM ONYANGO, SHERYL STELLAR ONGONGA and PHILEMON E. OTIENO ONGONGA - PETITIONERS
(From Original Maseno Senior Principal Magistrate Succession Cause No. 20 of 2020)
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 4/7/2025 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 30TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE