[2025] KEHC 7544 (KLR)

[2025] KEHC 7544 (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 7544 (KLR)
Parties
Plaintiff: Victor Okoth Otieno; Defendant: Kenya Kazi Services Limited; Defendant: Protus Nzomo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 29 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, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Access to Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Victor Okoth Otieno

Plaintiff

Kenya Kazi Services Limited

Defendant

Protus Nzomo

Defendant

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 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 to hear and determine the matter, and that the transfer would not prejudice any party. The absence of opposition to the application further supported the decision to grant the transfer. The court therefore ordered the withdrawal of the file from Maseno and its transfer to Kombewa for hearing and determination.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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