[2025] KEHC 7674 (KLR)

[2025] KEHC 7674 (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 exercised its discretion to ensure that the matter would be heard in the forum best suited for its determination, thereby facilitating efficient and fair administration of justice.

Citation
[2025] KEHC 7674 (KLR)
Parties
Plaintiff: Michael Opiyo Ogendo; Defendant: John Robert Ouko Owala
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Civil Miscellaneous Application 40 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit granted.
Judges
A Mabeya
Legal Topics
Jurisdiction Transfer, Access to Justice, Magistrates Court Jurisdiction
Source Language
English
Civil Procedure Jurisdiction Transfer Access to Justice Magistrates Court Jurisdiction

Case Brief

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Parties

Michael Opiyo Ogendo

Plaintiff

John Robert Ouko Owala

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the suit should be transferred 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 exercised its discretion to ensure that the matter would be heard in the forum best suited for its determination, thereby facilitating efficient and fair administration of justice.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 12/6/2025 before the Head of Station, Kombewa Law Court for further directions.