[2025] KEHC 7734 (KLR)

[2025] KEHC 7734 (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, noting that Kombewa Law Courts was the appropriate forum for hearing and determination of the matter. The court emphasized the constitutional imperative of access to justice under Article 48, and concluded that the transfer would best serve the parties and the administration of justice.

Citation
[2025] KEHC 7734 (KLR)
Parties
Plaintiff: Kennedy Onyango Okello; Defendant: Amoke Onyango Luke
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Civil Miscellaneous Application 39 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed.
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

Kennedy Onyango Okello

Plaintiff

Amoke Onyango Luke

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Law Courts had 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, noting that Kombewa Law Courts was the appropriate forum for hearing and determination of the matter. The court emphasized the constitutional imperative of access to justice under Article 48, and concluded that the transfer would best serve the parties and the administration of justice.

Court Disposition

Application for transfer of suit allowed.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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