In re Estate of Raphael Nyajuoga Onduongo (Deceased [2025] KEHC 8062 (KLR)

In re Estate of Raphael Nyajuoga Onduongo (Deceased (Miscellaneous Succession Application 296 of 2025) [2025] KEHC 8062 (KLR) (9 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8062 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application 296 of 2025

A Mabeya, J

June 9, 2025

IN THE MATTER OF THE ESTATE OF RAPHAEL NYAJUOGA ONDUONGO - (DECEASED)

AND

IN THE MATTER OF AN APPLICATION SAMWEL WAMILA ONDUONGO - APPLICANT

(From Original Kisumu Chief Magistrate Succession Cause No. E072 of 2025)

Ruling

1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Winam. 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the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination. The parties be notified.

3. Mention on 17/6/2025 before the Head of Station, Winam Law Courts for further directions.

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

DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE