[2025] KEHC 7312 (KLR)

[2025] KEHC 7312 (KLR)

The court found that, in the interest of access to justice and proper exercise of jurisdiction, the suit should be heard at the Kombewa Law Courts rather than Maseno Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter, noting that the applicant's arguments were unopposed and that the transfer would better serve the parties and the administration of justice. The court emphasized the constitutional imperative of access to justice as a guiding principle in determining the appropriate forum for hearing the suit.

Citation
[2025] KEHC 7312 (KLR)
Parties
Plaintiff: Samson Nunda Juma; Defendant: Protus Nzomo; Defendant: Kenya Kazi Services Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
3 June 2025
Case Number
Civil Miscellaneous Application 24 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed; suit transferred to Kombewa Law Courts; file closed.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
English
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Samson Nunda Juma

Plaintiff

Protus Nzomo

Defendant

Kenya Kazi Services Limited

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear and determine the matter.
  2. 2 Whether the suit should be transferred to Kombewa Law Courts to facilitate access to justice.

Ratio Decidendi

The court found that, in the interest of access to justice and proper exercise of jurisdiction, the suit should be heard at the Kombewa Law Courts rather than Maseno Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter, noting that the applicant's arguments were unopposed and that the transfer would better serve the parties and the administration of justice. The court emphasized the constitutional imperative of access to justice as a guiding principle in determining the appropriate forum for hearing the suit.

Court Disposition

Application for transfer of suit allowed; suit transferred to Kombewa Law Courts; file closed.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 9/6/2025 before the Head of Station, Kombewa Law Court for further directions.