[2025] KEHC 8293 (KLR)

[2025] KEHC 8293 (KLR)

The court found that, in the interest of access to justice and proper exercise of jurisdiction, the suit should be transferred from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act, holding that Kombewa Law Courts is the appropriate forum...

Source-derived case information.

Citation
[2025] KEHC 8293 (KLR)
Parties
Plaintiff: Tom Juma Mimba; Defendant: Kenya Kazi Services Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 18 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed; file transferred to Kombewa Law Courts; file at High Court marked as closed.
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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tom Juma Mimba

Plaintiff

Kenya Kazi Services Limited

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Magistrate's Court at Maseno has proper geographical jurisdiction to hear the matter.
  2. 2 Whether the suit should be transferred to Kombewa Law Courts for hearing and determination.

Ratio Decidendi

The court found that, in the interest of access to justice and proper exercise of jurisdiction, the suit should be transferred from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its discretion under section 18 of the Civil Procedure Act, holding that Kombewa Law Courts is the appropriate forum for hearing and determination of the matter. The court emphasized the constitutional imperative of access to justice and the need for matters to be heard in the correct geographical jurisdiction. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.

Court Disposition

Application for transfer of suit allowed; file transferred to Kombewa Law Courts; file at High Court marked as 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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.