In re Estate of Penina Atieno Onyango (Deceased) [2024] KEHC 5587 (KLR)

In re Estate of Penina Atieno Onyango (Deceased) (Miscellaneous Succession Cause 184 of 2024) [2024] KEHC 5587 (KLR) (17 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5587 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 184 of 2024

RE Aburili, J

May 17, 2024

Ruling

1. From the Chief’s letter dated 12th June 2020 written by Romlus Okoth Ongo, the Chief for Siaya Township Location, it is clear that the deceased Penina Atieno Onyango was resident of Siaya, Kaluande village, Karapul Sub-location within Siaya Township.

2. The beneficiaries of the estate of the deceased are well known to the said Chief. Although some of the deceased’s fixed assets are within Kisumu and others in Busia County.

3. The Succession Cause ought to have been filed at Siaya Chief Magistrate’s Court. The lower court at Kisumu has submitted the file to this court for transfer to the relevant court of competent jurisdiction.

4. Accordingly, I hereby transfer Kisumu Chief Magistrate Succession Cause No. E48 of 2020 from Kisumu Chief Magistrate’s court to Siaya Chief Magistrate’s Court.

5. The original file plus this order to be transmitted to Siaya Chief Magistrate’s court who, upon receipt of the same, shall notify the parties who are also represented by counsel, to move the court for appropriate orders.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE