[2025] KEHC 7407 (KLR)

[2025] KEHC 7407 (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 considered the geographical...

Source-derived case information.

Citation
[2025] KEHC 7407 (KLR)
Parties
Plaintiff: Fredrick Omondi Were; Defendant: John Kosgei Chepkeitany; Defendant: Pokocho Agencies Limited; Defendant: Hammed Bashir
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
3 June 2025
Case Number
Civil Miscellaneous Application 14 of 2025
Procedural Posture
Civil Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed; file transferred to Kombewa Law Courts; file marked as closed in the High Court.
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

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Parties

Fredrick Omondi Were

Plaintiff

John Kosgei Chepkeitany

Defendant

Pokocho Agencies Limited

Defendant

Hammed Bashir

Defendant

Procedural Posture

Civil Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the suit should be transferred from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
  2. 2 Whether the transfer is necessary to facilitate 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 considered the geographical jurisdiction of both courts and determined that Kombewa Law Courts was the proper forum for the hearing and determination of the matter. There being no opposition to the application, and in the absence of any prejudice to the parties, the court exercised its discretion to order the transfer and marked the file as closed in the High Court.

Court Disposition

Application for transfer of suit allowed; file transferred to Kombewa Law Courts; file marked as closed in the High Court.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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