[2025] KEHC 7303 (KLR)

[2025] KEHC 7303 (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 conferred by 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...

Source-derived case information.

Citation
[2025] KEHC 7303 (KLR)
Parties
Applicant: James Ochieng Otieno; Respondent: Kenya Kazi Services Limited; Respondent: Protus Nzomo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 26 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit granted.
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

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Parties

James Ochieng Otieno

Applicant

Kenya Kazi Services Limited

Respondent

Protus Nzomo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court should transfer the suit 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 interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers conferred by 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 expeditious and fair hearing of the matter. There being no opposition to the application, the court exercised its discretion to grant the transfer and ordered the file to be moved accordingly.

Court Disposition

Application for transfer of suit granted.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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