[2017] KEHC 4426 (KLR)

[2017] KEHC 4426 (KLR)

The court found that the applicant had demonstrated sufficient hardship in attending proceedings in Nakuru due to her unemployment and lack of financial means, and that neither party currently resided in Nakuru. The court held that the right to access to justice and the avoidance of undue hardship outweighed the respondent's objections, especially as the respondent resided abroad and would not be prejudiced by the transfer. The court exercised its discretion under Sections 17 and 18 of the Civil Procedure Act, guided by the principles of convenience, fairness, and access to justice, to order the transfer of Divorce Cause 41 of 2016 from Nakuru Law Courts to Nairobi Chief Magistrate's Court.

Citation
[2017] KEHC 4426 (KLR)
Parties
Petitioner: S.P.K; Respondent: A.W.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
21 April 2017
Case Number
Miscellaneous Application 35 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application to Stay and Transfer Divorce Proceedings
Outcome
application allowed
Judges
MW Muigai
Legal Topics
Divorce Proceedings, Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
English
Family and Children Civil Procedure Divorce Proceedings Transfer of Suit Jurisdiction of Courts Access to Justice

Case Brief

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Parties

S.P.K

Petitioner

A.W.K

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Stay and Transfer Divorce Proceedings

Legal Issues

  1. 1 Whether the proceedings in Divorce Cause 41 of 2016 should be stayed and transferred from Nakuru Law Courts to Nairobi Chief Magistrate's Court.
  2. 2 Whether the applicant's financial hardship and change of residence constitute sufficient grounds for transfer of the case.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient hardship in attending proceedings in Nakuru due to her unemployment and lack of financial means, and that neither party currently resided in Nakuru. The court held that the right to access to justice and the avoidance of undue hardship outweighed the respondent's objections, especially as the respondent resided abroad and would not be prejudiced by the transfer. The court exercised its discretion under Sections 17 and 18 of the Civil Procedure Act, guided by the principles of convenience, fairness, and access to justice, to order the transfer of Divorce Cause 41 of 2016 from Nakuru Law Courts to Nairobi Chief Magistrate's Court.

Court Disposition

application allowed

Orders

  • Divorce Cause 41 of 2016 is transferred from Nakuru Law Courts to Nairobi Chief Magistrate Court for hearing and determination.
  • Costs in the cause.