[2023] KEHC 851 (KLR)
The court found that both cases involved the same parties and issues concerning the custody of the minors. Although the respondent did not formally oppose the application, her counsel raised jurisdictional concerns. The judge determined that, for good order, the best interests of the minors, and expeditious disposal...
Source-derived case information.
- Citation
- [2023] KEHC 851 (KLR)
- Parties
- Applicant: JOO; Respondent: SMT
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E092 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- application granted
- Judges
- REA Ougo
- Legal Topics
- Child Custody, Transfer of Proceedings, Jurisdiction of Children Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOO
Applicant
SMT
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether Bungoma Children Case No 31 of 2022 should be transferred to Nairobi Magistrate’s Court.
- 2 Whether the existence of Nairobi Children’s Case No E1674 of 2022 between the same parties warrants consolidation or transfer.
- 3 Whether the best interests of the minors are served by the transfer.
Ratio Decidendi
The court found that both cases involved the same parties and issues concerning the custody of the minors. Although the respondent did not formally oppose the application, her counsel raised jurisdictional concerns. The judge determined that, for good order, the best interests of the minors, and expeditious disposal of the custody matter, the case should be transferred to the Nairobi Magistrate’s Children’s Court. The court noted that the respondent’s counsel had not disputed the necessity of responding to issues in the Nairobi court, and thus, the transfer would avoid multiplicity of proceedings and serve the welfare of the children.
Court Disposition
application granted
Orders
- Bungoma Magistrate Court Children Case No 31 of 2022 is transferred to Nairobi Magistrate’s Children’ Court on or before February 13, 2023.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
JOO v SMT (Miscellaneous Case E092 of 2022) [2023] KEHC 851 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 851 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Case E092 of 2022
REA Ougo, J
February 9, 2023
Between
JOO
Applicant
and
SMT
Respondent
Ruling
1. The applicant seeks to have Bungoma Children Case No 31 of 2022 transferred to Nairobi Magistrate’s Court and also to take cognizance that Nairobi Children’s Case No E1674 of 2022 are between the same parties.
2. The application is supported by grounds on the face of the application and a supporting affidavit of the applicant. The application was opposed.
3. I have considered the oral submissions. There is no dispute that the 2 cases exist in the different courts and that the parties are the same. The issue in both cases revolve around the minors the children of the applicant and respondent. I have not had the benefit of reading the pleadings in the 2 cases but from the oral submissions the case in Nairobi is one of custody of the minors and the one in Bungoma. I do note that respondent chose not to respond to the application but her counsel raised the issue of jurisdiction.
4. The issues of the residence of the parties in matters like this one can go either way depending on the evidence adduced. In my view for good order and considering the best interest of the minors and for expeditious disposal of the matter of custody of the minors the matter should be dealt with in the Nairobi Court. The respondent counsel has not disputed the fact that they have had to respond to the issues raised in the said court. I therefore order that Bungoma Magistrate Court Children Case No 31 of 2022 be transferred to Nairobi Magistrate’s Children’ Court on or before the February 13, 2023. No order as to costs.
R.E. OUGOJUDGE9/2/2023Before: R.E Ougo JWilkister C/AMr. Asembo for ApplicantMiss Wakoli for Respondent