In re Estate of Sylvanus Odero Menya (Deceased) [2025] KEHC 8432 (KLR)

In re Estate of Sylvanus Odero Menya (Deceased) (Miscellaneous Succession Application 297 of 2025) [2025] KEHC 8432 (KLR) (17 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8432 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application 297 of 2025

A Mabeya, J

June 17, 2025

IN THE MATTER OF THE ESTATE OF SYLVANUS ODERO MENYA -(DECEASED) AND IN THE MATTER OF AN APPLICATION DOFAS OKETH ODERO-APPLICANT

(From Original Kisumu Chief Magistrate Succession Cause No. E081 of 2025)

Ruling

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the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.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

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

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

DATED AND DELIVERED AT KISUMU THIS 17TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE