[2025] KEHC 9878 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno, and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Maseno Law Courts. The transfer was made under section 18 of the Civil Procedure...
Source-derived case information.
- Citation
- [2025] KEHC 9878 (KLR)
- Parties
- Applicant: Phiona Atieno Odhiambo; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 302 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Maseno Law Courts.
- 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
Phiona Atieno Odhiambo
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Maseno Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno, and the constitutional imperative of access to justice, it was appropriate to transfer the file from Kisumu Law Courts to Maseno Law Courts. The transfer was made under section 18 of the Civil Procedure Act to ensure that the matter is heard in the court with proper jurisdiction and to facilitate access to justice for the parties. The court exercised its discretion to withdraw the file from Kisumu and direct its transfer to Maseno for hearing and determination.
Court Disposition
Application for transfer granted; file transferred to Maseno Law Courts.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of William Otiende Ogalloh (Deceased) (Miscellaneous Succession Cause 302 of 2025) [2025] KEHC 9878 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9878 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 302 of 2025
A Mabeya, J
July 9, 2025
IN THE MATTER OF THE ESTATE OF WILLIAM OTIENO OGALLOH -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY PHIONA ATIENO ODHIAMBO
(From Original Kisumu Magistrate’s Court Succession Cause No. E092 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. 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 Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination. The parties be notified.
3. Mention on 25/7/2025 before the Head of Station, Maseno 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 JULY, 2025. A. MABEYA, FCI, ArbJUDGE