In re Estate of Rose Akinyi Koi (Deceased) [2024] KEHC 11751 (KLR)

In re Estate of Rose Akinyi Koi (Deceased) (Miscellaneous Succession Cause 229 of 2024) [2024] KEHC 11751 (KLR) (30 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11751 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 229 of 2024

RE Aburili, J

September 30, 2024

IN THE MATTER OF THE ESTATE OF ROSE AKINYI KOI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JAPHETH OTIENO OMEDO - PETITIONER (Arising from Original Kisumu Chief Magistrate’s Court Succession No. E339 of 2024)

Ruling

1. The deceased Rose Akinyi Koi hailed from Osiri which is in Paw Akuche which is within the jurisdiction of Maseno Senior Principal Magistrate’s Court.

2. This is supported by the death certificate and the Assistant Chief’s letter dated 18th April 2024 identifying all beneficiaries of the deceased and her assets.

3. Accordingly, the Chief Magistrate’s court at Kisumu brought this matter for directions on geographical jurisdiction.

4. I hereby transfer Kisumu Chief Magistrate’s Court Succession Cause No. E339 of 2024 to Maseno Senior Principal Magistrate’s court for hearing and determination.

5. The e-file to be transmitted to Maseno Law Courts and upon receipt, to notify the Petitioner forthwith to move the court.

6. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE