[2025] KEHC 7401 (KLR)

Parties

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 High Court, exercising its discretion under section 18 of the Civil Procedure Act, found that transferring the suit from Maseno Law Courts to Kombewa Law Courts would better serve the ends of justice and promote access to justice for the parties. The Court considered the geographical jurisdiction of both courts and determined that Kombewa Law Courts was the appropriate forum for hearing and determination of the matter. The absence of opposition from the defendant and the constitutional imperative to facilitate access to justice under Article 48 further supported the decision to transfer the suit. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law...

Court Disposition

Application for transfer of suit allowed; file transferred to Kombewa Law Courts.

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• The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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