In re Estate of Pitalis Olare Ojuoko (Deceased) [2025] KEHC 9266 (KLR)

In re Estate of Pitalis Olare Ojuoko (Deceased) (Miscellaneous Succession Application 301 of 2025) [2025] KEHC 9266 (KLR) (30 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9266 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application 301 of 2025

A Mabeya, J

June 30, 2025

IN THE MATTER OF THE ESTATE OF PITALIS OLARE OJUOKO -(DECEASED)

AND IN THE MATTER OF AN APPLICATION BY RHODA ANYANGO OYUGA, JARED ODOYO OLARE, EZEKIEL ONYANGO OLARE and ANN ANYANGO OLARE - PETITIONERS

In the matter of

Rhoda Anyango Oyuga

1st Petitioner

Jared Odoyo Olare

2nd Petitioner

Ezekiel Onyango olare

3rd Petitioner

Ann anyango Olare

4th Petitioner

(From Original Tamu Magistrate’s Succession Cause No. E028 of 2025)

Ruling

1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Tamu and Nyando. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitutionof 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the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Tamu Law Courts and transferred to Nyando Law Courts for hearing and determination. The parties be notified.

3. Mention on 21/7/2025 before the Head of Station, Nyando Law Courts for further directions.

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

DATED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE