Analysis and Determination.
5.I have carefully considered the motion, grounds in support, supporting affidavit, grounds of opposition and the respondent’s replying affidavit and in view of the determination of the lower court that it lacked jurisdiction to entertain the suit, there is nothing left to transfer and as it stands the motion that is the subject of this ruling has been overtaken by events.
6.However, I am of the humble opinion that it would prudent for this court to address its mind on whether it has jurisdiction to transfer a suit from one subordinate court to another if the court of first instance lacked jurisdiction.
7.The statutory underpinning for transfer of suits by the high court and courts of equal status is Section 18 (1) of the Civil Procedure Act which provides as follows;
8.By virtue of this provision of law, could this court transfer the suit from Siaya Senior Principle Magistrates’ Court to Ukwala Principle Magistrates’ Court? My answer is in the negative. I say so because the subordinate court in the first instance did not have jurisdiction to handle the matter.
9.It is settled law that jurisdiction is everything and without it, the court must down its tools because the proceedings before it is a nullity and there is nothing left to transfer. The Court of Appeal rendered itself on this principle as follows in the case of Equity Bank Limited v Bruce Mutie Mutuku t/a Diani Tours & Travel  eKLR:
11.The upshot is that it is my finding that the motion has been overtaken by events and even if it had not of which it has, I would have found the motion unmeritorious. The respondent filed responses to the motion and because it is trite law that costs follow the event, I award him costs.
12.Ultimately, I make the following disposal orders: -a.a. The notice of motion dated 7/12/2021 is hereby dismissed with costs.b.b. Costs to the respondent.