[2025] KEHC 6328 (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. The High Court exercised its discretion under section 18 of the Civil Procedure Act, noting that Kombewa Law Courts is the appropriate forum...
Source-derived case information.
- Citation
- [2025] KEHC 6328 (KLR)
- Parties
- Applicant: Roseline Atieno Ongiri; Respondent: David Silvester Owino Ojigo; Respondent: William Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 7 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
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roseline Atieno Ongiri
Applicant
David Silvester Owino Ojigo
Respondent
William Otieno
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear and determine the matter.
- 2 Whether the suit should be transferred to Kombewa Law Courts to facilitate access to justice.
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. The High Court exercised its discretion under section 18 of the Civil Procedure Act, noting that Kombewa Law Courts is the appropriate forum for hearing and determination of the matter. The absence of opposition from the respondents and the constitutional imperative of access to justice further justified the transfer.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.
Full Case Text
Judgment text and source record
22 paragraphs
Ongiri v Ojigo & another (Civil Miscellaneous Application 7 of 2025) [2025] KEHC 6328 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6328 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous Application 7 of 2025
A Mabeya, J
May 21, 2025
Between
Roseline Atieno Ongiri
Plaintiff
and
David Silvester Owino Ojigo
1st Defendant
William Otieno
2nd Defendant
(From Original Maseno Senior Principal Magistrate Civil Case No. E006 of 2023))
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.
DATEDAND DELIVEREDAT KISUMU THIS 21STDAY OF MAY, 2025A. MABEYA, FCI, ArbJUDGE