[2025] KEHC 7295 (KLR)

[2025] KEHC 7295 (KLR)

The court found that, in the interests of justice and in accordance with the constitutional principle of access to justice, the suit should be heard in the court with proper geographical jurisdiction. The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter from...

Source-derived case information.

Citation
[2025] KEHC 7295 (KLR)
Parties
Plaintiff: Henry Adero Mbogo; Defendant: Jectone Ochieng Ochieng; Defendant: James Odinga Orodi
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 34 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit granted.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

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Summary, issues, holding and outcome

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Parties

Henry Adero Mbogo

Plaintiff

Jectone Ochieng Ochieng

Defendant

James Odinga Orodi

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Magistrate's Court has proper geographical jurisdiction to hear the matter.
  2. 2 Whether the suit should be transferred to the Kombewa Law Courts to facilitate access to justice.

Ratio Decidendi

The court found that, in the interests of justice and in accordance with the constitutional principle of access to justice, the suit should be heard in the court with proper geographical jurisdiction. The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the matter from Maseno Law Courts to Kombewa Law Courts. The transfer was deemed necessary to ensure that the parties have convenient and effective access to the judicial process, and that the matter is determined by the court best placed to do so based on location and jurisdiction.

Court Disposition

Application for transfer of suit granted.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.