In re Estate of Dismas Oloo Waga alias Oloo Waga (DEceased) [2025] KEHC 7361 (KLR)

In re Estate of Dismas Oloo Waga alias Oloo Waga (DEceased) (Miscellaneous Succession Application 110 of 2025) [2025] KEHC 7361 (KLR) (3 June 2025) (Ruling)

Neutral citation: [2025] KEHC 7361 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application 110 of 2025

A Mabeya, J

June 3, 2025

IN THE MATTER OF THE ESTATE OF DISMAS OLOO WAGA alias OLOO WAGA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION BY AMOS OBURU WAGA

In the matter of

Amos Oburu Waga

Petitioner

(From Original Maseno Senior Principal Magistrate Succession Cause No. E308 of 2024)

Ruling

1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.

2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.

3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.

4. This file is marked as closed.It is so ordered.

DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE