Makale v Saya [2022] KEHC 12015 (KLR)

Makale v Saya (Miscellaneous Succession Cause 12 of 2019) [2022] KEHC 12015 (KLR) (8 June 2022) (Directions)

Neutral citation: [2022] KEHC 12015 (KLR)

Republic of Kenya

In the High Court at Kakamega

Miscellaneous Succession Cause 12 of 2019

PJO Otieno, J

June 8, 2022

Between

Alice Abuko Makale

Objector

and

Ezekiel Shikanda Saya

Petitioner

Directions

1. After the parties addressed the Court on the posed questions, I have perused the file and now give these directions.

2. Grant was confirmed on 30th March 2017. Thereafter matter transferred to Butere and registered as 258/2018. Objector then brought an application for revocation and the Court, Magistrate, held that she did not have jurisdiction to revoke a grant issued by the High Court. (See Ruling of 5th February 2019).

3. Pursuant to that Ruling the Objector filed the application dated 12th April 2019 in Kakamega and sought transfer of the file back to the High Court. The application was allowed on 24th July 2019 and the file has since been brought to this registry.1. That sequence of events now leave the Court with the duty to consider how to progress the Summons for Revocation of grant dated 8th October 2018. 2.This matter having been transferred to the magistracy, that Order of transfer remitted the file to that Court together with all orders and directions hitherto made. The entire file became the docket of that Court and none of the Orders therein could be isolated to have been made by and remain confined to the High Court.3. I have seized the opportunity to exercise the supervisory power of the Court over the Magistrates Court and now in accordance with Article 165 (7) of the Constitution direct that this file be withdrawn from this Court and transferred to Butere Magistrate’s Court for hearing and determination of all pending applications.4. For avoidance of doubt, the trial Court should not feel unduly constrained to consider any orders given by the Court prior to their transfer to be Orders binding upon it and incapable of revisit when the law favours such revisit.5. These directions be typed, certified and served upon the trial Court and the file be transmitted to that Court forthwith. Let the miscellaneous file be closed.

DATED, SIGNED AND DELIVERED THIS 8TH DAY OF JUNE 2022. PATRICK J. O. OTIENOJUDGE