[2025] KEHC 7403 (KLR)

[2025] KEHC 7403 (KLR)

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted 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 determined that Kombewa Law Courts...

Source-derived case information.

Citation
[2025] KEHC 7403 (KLR)
Parties
Plaintiff: Isaya Obiro Onyango; Plaintiff: Teresa Wera Ondunga; Defendant: CIC General Insurance Company Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 25 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
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Isaya Obiro Onyango

Plaintiff

Teresa Wera Ondunga

Plaintiff

CIC General Insurance Company Limited

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Magistrate's Court has proper geographical jurisdiction to hear the matter.
  2. 2 Whether the High Court should transfer the suit to Kombewa Law Courts to facilitate access to justice.

Ratio Decidendi

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted 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 determined that Kombewa Law Courts had the proper geographical jurisdiction and that the transfer would facilitate the efficient and fair hearing of the matter. There being no opposition to the application, and the legal basis for transfer being satisfied, the court ordered the withdrawal and transfer of the file accordingly.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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