[2025] KEHC 6847 (KLR)
The court found that, in the interest of access to justice and in exercise of its powers 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 of both courts and determined that the...
Source-derived case information.
- Citation
- [2025] KEHC 6847 (KLR)
- Parties
- Applicant: George Otieno Omoso; Respondent: Joseph Ouma; Respondent: Geofrey Moses Omondi Ougo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 5 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit
- Outcome
- Application for transfer of suit allowed; suit transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Otieno Omoso
Applicant
Joseph Ouma
Respondent
Geofrey Moses Omondi Ougo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court should transfer the suit from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
- 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 in exercise of its powers 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 of both courts and determined that the transfer would better serve the parties and facilitate the hearing and determination of the matter. There being no opposition to the application, and in line with constitutional principles, the court ordered the transfer and marked the file as closed at the High Court level.
Court Disposition
Application for transfer of suit allowed; suit 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.
Full Case Text
Judgment text and source record
21 paragraphs
Omoso v Ouma & another (Civil Miscellaneous Application 5 of 2025) [2025] KEHC 6847 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6847 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous Application 5 of 2025
A Mabeya, J
May 21, 2025
Between
George Otieno Omoso
Plaintiff
and
Joseph Ouma
1st Defendant
Geofrey Moses Omondi Ougo
2nd Defendant
(From Original Maseno Senior Principal Magistrate Civil Case No. E015 of 2022)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. In accordance with the principle of access to justice under Article 48 of the Constitution of Kenya, I hereby exercise the jurisdiction of this Court under section 18 of the Civil Procedure Act and hereby have this file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
2. Mention on 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.
3. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 21ST DAY OF MAY, 2025A. MABEYA, FCI, ARBJUDGE