[2025] KEHC 9877 (KLR)

[2025] KEHC 9877 (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 jurisdiction and convenience for the parties, and determined that the transfer would better serve the ends of justice. There being no opposition to the application, and the legal basis for transfer being satisfied, the court ordered the transfer and marked the file as closed at the High Court level.

Citation
[2025] KEHC 9877 (KLR)
Parties
Plaintiff: Pamela Akinyi Oliech; Plaintiff: Steve Ochieng; Defendant: Peter Engineering Ltd; Defendant: Collins Ayodi Avugwi
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
9 July 2025
Case Number
Civil Miscellaneous Application 46 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer allowed; suit transferred to Kombewa Law Courts; file closed at High Court.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
English
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Pamela Akinyi Oliech

Plaintiff

Steve Ochieng

Plaintiff

Peter Engineering Ltd

Defendant

Collins Ayodi Avugwi

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 and convenience for the parties, and determined that the transfer would better serve the ends of justice. There being no opposition to the application, and the legal basis for transfer being satisfied, the court ordered the transfer and marked the file as closed at the High Court level.

Court Disposition

Application for transfer allowed; suit transferred to Kombewa Law Courts; file closed at High Court.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 25/7/2025 before the Head of Station, Kombewa Law Court for further directions.