[2025] KEHC 7892 (KLR)

[2025] KEHC 7892 (KLR)

The court found that the principle of access to justice under Article 48 of the Constitution requires that matters be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court determined that the suit should be withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. This ensures that the matter is heard in the appropriate forum, thereby upholding the parties' right to access justice.

Citation
[2025] KEHC 7892 (KLR)
Parties
Plaintiff: Ruth Awino Ouma; Defendant: Paul Ouma Ominde
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Civil Miscellaneous Application 42 of 2025
Procedural Posture
Civil Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application allowed. Suit transferred to Kombewa Law Courts.
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

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Parties

Ruth Awino Ouma

Plaintiff

Paul Ouma Ominde

Defendant

Procedural Posture

Civil Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the matter.
  2. 2 Whether the suit should be transferred to Kombewa Law Courts for hearing and determination.

Ratio Decidendi

The court found that the principle of access to justice under Article 48 of the Constitution requires that matters be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court determined that the suit should be withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. This ensures that the matter is heard in the appropriate forum, thereby upholding the parties' right to access justice.

Court Disposition

Application allowed. Suit transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 12/6/2025 before the Head of Station, Kombewa Law Court for further directions.