[2025] KEHC 7542 (KLR)

[2025] KEHC 7542 (KLR)

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted under section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical...

Source-derived case information.

Citation
[2025] KEHC 7542 (KLR)
Parties
Plaintiff: Kennedy Obala; Defendant: Kenya Kazi Services Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 23 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer granted; suit transferred to Kombewa Law Courts; file closed.
Judges
A Mabeya
Legal Topics
Jurisdiction Transfer, Access to Justice, Court Jurisdiction
Source Language
en
Civil Procedure Jurisdiction Transfer Access to Justice Court Jurisdiction

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Summary, issues, holding and outcome

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Parties

Kennedy Obala

Plaintiff

Kenya Kazi Services Limited

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court should transfer the suit from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
  2. 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.

Ratio Decidendi

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted under section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and determined that the transfer would better serve the parties and the administration of justice. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.

Court Disposition

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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