[2025] KEHC 8392 (KLR)
The court found that, considering the geographical jurisdiction of the Kisumu and Winam Magistrate's Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Winam Law Courts. The High Court exercised its powers...
Source-derived case information.
- Citation
- [2025] KEHC 8392 (KLR)
- Parties
- Applicant: Pamela Anyango Oduor; Respondent: Estate of Mathews Otieno Njoma (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 298 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Pamela Anyango Oduor
Applicant
Estate of Mathews Otieno Njoma (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to the Winam Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Kisumu and Winam Magistrate's Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Winam Law Courts. The High Court exercised its powers under section 18 of the Civil Procedure Act to effect the transfer, ensuring that the matter would be heard in the most suitable forum for the parties. The court emphasized that facilitating access to justice is a constitutional obligation and that the transfer would serve the interests of justice. Accordingly, the file was withdrawn from Kisumu Law Courts and transferred to...
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.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 Esttae of Mathews Otieno Njoma (Deceased) (Miscellaneous Succession Application 298 of 2025) [2025] KEHC 8392 (KLR) (17 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8392 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 298 of 2025
A Mabeya, J
June 17, 2025
IN THE MATTER OF THE ESTATE OF MATHEWS OTIENO NJOMA - (DECEASED) AND IN THE MATTER OF AN APPLICATION PAMELA ANYANGO ODUOR- APPLICANT
(From Original Kisumu Chief Magistrate Succession Cause No. E079 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitutionof 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 Winam Law Courts for hearing and determination. The parties be notified.
3. Mention on 3/7/2025 before the Head of Station, Winam Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 17TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE