[2025] KEHC 7546 (KLR)

[2025] KEHC 7546 (KLR)

The court found that, in the interests of justice and to promote access to justice as guaranteed under Article 48 of the Constitution, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court exercised its jurisdiction under section 18 of the Civil Procedure Act to order the transfer, noting that Kombewa Law Courts was the suitable forum for the hearing and determination of the matter. There was no opposition to the application, and the transfer would not prejudice any party.

Citation
[2025] KEHC 7546 (KLR)
Parties
Applicant: George Odhiambo Ondu; Respondent: Paul Muyu Munyao
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
3 June 2025
Case Number
Civil Miscellaneous Application 35 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed.
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

George Odhiambo Ondu

Applicant

Paul Muyu Munyao

Respondent

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 to promote access to justice as guaranteed under Article 48 of the Constitution, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court exercised its jurisdiction under section 18 of the Civil Procedure Act to order the transfer, noting that Kombewa Law Courts was the suitable forum for the hearing and determination of the matter. There was no opposition to the application, and the transfer would not prejudice any party.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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