[2025] KEHC 7610 (KLR)
The High Court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be transferred from Maseno Law Courts to Kombewa Law Courts. The court exercised its statutory power under section 18 of the Civil Procedure Act to effect...
Source-derived case information.
- Citation
- [2025] KEHC 7610 (KLR)
- Parties
- Applicant: Lina Mukasia Akach; Respondent: Estate of Wellington Aoko Okach alias Willington Akach Aogo alias Akach Aogo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 175 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lina Mukasia Akach
Applicant
Estate of Wellington Aoko Okach alias Willington Akach Aogo alias Akach Aogo (Deceased)
Respondent
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 file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be transferred from Maseno Law Courts to Kombewa Law Courts. The court exercised its statutory power under section 18 of the Civil Procedure Act to effect the transfer, noting that Kombewa Law Courts have the appropriate geographical jurisdiction. The court further directed that the parties be notified and set a mention date before the Head of Station at Kombewa Law Courts for further directions.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 Wellington Aoko Okach alias Willington Akach Aogo alias Akach Aogo (Deceased) (Miscellaneous Succession Application 175 of 2025) [2025] KEHC 7610 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7610 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 175 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF WELLINGTON AOKO OKACH alis WILLINGTON AKACH AOGO alias AKACH AOGO-(DECEASED) AND IN THE MATTER OF AN APPLICATION BY LINA MUKASIA AKACH - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E445 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 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE