[2025] KEHC 7893 (KLR)

Parties

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

1. 1 Whether the suit should be transferred 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 interests of justice and in accordance with the constitutional principle of access to justice, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act, noting that Kombewa Law Courts had the proper geographical jurisdiction and that the transfer would facilitate the fair and efficient determination of the matter. There being no opposition to the application, and no prejudice shown to any party, the court ordered the transfer and marked the file as closed at the High Court level.

Court Disposition

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

Orders

• The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
• Mention on 12/6/2025 before the Head of Station, Kombewa Law Court for further directions.