[2025] KEHC 7545 (KLR)

[2025] KEHC 7545 (KLR)

The court found that, in the interest of access to justice and proper geographical jurisdiction, the suit should be transferred from Maseno Law Courts to Kombewa Law Courts. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal and transfer of the file to Kombewa Law Courts for hearing and determination. The court emphasized the constitutional imperative of access to justice and the need for matters to be heard in the appropriate forum.

Citation
[2025] KEHC 7545 (KLR)
Parties
Applicant: Ruth Awuor Oloo; Respondent: Caroline Anyango Awech; Respondent: The OCS Ratta Police Station; Respondent: The Director Of Public Prosecution; Respondent: The Hon Attorney General
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
3 June 2025
Case Number
Civil Miscellaneous Application 33 of 2025
Procedural Posture
Civil 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
English
Civil Procedure Transfer of Suit Jurisdiction Access to Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Ruth Awuor Oloo

Applicant

Caroline Anyango Awech

Respondent

The OCS Ratta Police Station

Respondent

The Director Of Public Prosecution

Respondent

The Hon Attorney General

Respondent

Procedural Posture

Civil Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Magistrate's Court has 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 geographical jurisdiction, the suit should be transferred from Maseno Law Courts to Kombewa Law Courts. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal and transfer of the file to Kombewa Law Courts for hearing and determination. The court emphasized the constitutional imperative of access to justice and the need for matters to be heard in the appropriate forum.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 9/6/2025 before the Head of Station, Kombewa Law Court for further directions.