In re Estate of Zakaria Lweya alias Lweya Onyango (Deceased) [2025] KEHC 7602 (KLR)

In re Estate of Zakaria Lweya alias Lweya Onyango (Deceased) (Miscellaneous Succession Application 138 of 2025) [2025] KEHC 7602 (KLR) (4 June 2025) (Ruling)

Neutral citation: [2025] KEHC 7602 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application 138 of 2025

A Mabeya, J

June 4, 2025

IN THE MATTER OF THE ESTATE OF ZAKARIA LWEYA alias LWEYA ONYANGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY HEZEKIA OTIENO LWEYA- APPLICANT

(From Original Maseno Senior Principal Magistrate Succession Cause No. E389 of 2024)

Ruling

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the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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

3. Mention on 10/6/2025 before the Head of Station, Kombewa Law Courts for further directions.

4. This file is marked as closed.

It is so ordered.

DATEDAND DELIVEREDAT KISUMU THIS 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE