[2025] KEHC 7391 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was appropriate. The court considered the geographical jurisdiction of both courts and the constitutional imperative to facilitate...
Source-derived case information.
- Citation
- [2025] KEHC 7391 (KLR)
- Parties
- Applicant: Conseleta Adhiambo Sagao; Applicant: Zacharus Okech Nyawanda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 76 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Conseleta Adhiambo Sagao
Applicant
Zacharus Okech Nyawanda
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was appropriate. The court considered the geographical jurisdiction of both courts and the constitutional imperative to facilitate access to justice as enshrined in Article 48 of the Constitution. The transfer was ordered to ensure that the matter is heard in the most convenient and accessible forum for the parties, thereby upholding the right to access justice.
Court Disposition
Application for transfer granted; file transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Ramanus Opiyo Oranga alias Ramanus Osoo Oranga (Deceased) (Miscellaneous Succession Application 76 of 2025) [2025] KEHC 7391 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7391 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 76 of 2025
A Mabeya, J
June 3, 2025
In the matter of
Conseleta Adhiambo Sagao
1st Petitioner
Zacharus Okech Nyawanda
2nd Petitioner
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 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.
It is so ordered.DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE