[2025] KEHC 6329 (KLR)

[2025] KEHC 6329 (KLR)

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to its powers under section 18 of the Civil Procedure Act, it was appropriate to transfer the divorce cause from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and determined that the transfer would facilitate a more convenient and just hearing and determination of the matter. No objection was raised by the respondent, and the transfer would not prejudice any party. The court therefore exercised its discretion to order the transfer and directed that the matter be mentioned before the Head of Station at Kombewa...

Citation
[2025] KEHC 6329 (KLR)
Parties
Applicant: RAO; Respondent: POO
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
21 May 2025
Case Number
Divorce Cause 001 of 2025
Procedural Posture
Divorce Cause / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed.
Judges
A Mabeya
Legal Topics
Divorce Jurisdiction, Transfer of Suit, Access to Justice
Source Language
English
Family and Children Civil Procedure Divorce Jurisdiction Transfer of Suit Access to Justice

Case Brief

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Parties

RAO

Applicant

POO

Respondent

Procedural Posture

Divorce Cause / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court should transfer the divorce cause 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 its powers under section 18 of the Civil Procedure Act, it was appropriate to transfer the divorce cause from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and determined that the transfer would facilitate a more convenient and just hearing and determination of the matter. No objection was raised by the respondent, and the transfer would not prejudice any party. The court therefore exercised its discretion to order the transfer and directed that the matter be mentioned before the Head of Station at Kombewa...

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.