[2025] KEHC 6848 (KLR)

[2025] KEHC 6848 (KLR)

The court found that, in the interest of access to justice and considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, it was appropriate to transfer the suit. Exercising its powers under section 18 of the Civil Procedure Act and guided by Article 48 of the Constitution, the High...

Source-derived case information.

Citation
[2025] KEHC 6848 (KLR)
Parties
Applicant: Julius Ochieng Olenyo; Respondent: David Silvester Owino Ojigo; Respondent: William Otieno
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 8 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Access to Justice

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Parties

Julius Ochieng Olenyo

Applicant

David Silvester Owino Ojigo

Respondent

William Otieno

Respondent

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 and considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, it was appropriate to transfer the suit. Exercising its powers under section 18 of the Civil Procedure Act and guided by Article 48 of the Constitution, the High Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The court emphasized that this transfer would better 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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.