The High Court in Nairobi intervened in a family dispute over the estate of a deceased woman, directing the Inspector General of Police to respond within three days to an application seeking to compel the arrest of two men accused of fraudulently taking over part of the estate.
The application was filed by Eric Matakwa Okeno, the administrator of the estate of his late sister, Rosemary Anne Akinyi Okeno.
He sought the court intervention over what he described as police inaction despite a directive from the Director of Public Prosecutions ordering that criminal charges be brought against two individuals linked to the contested property.
At the centre of the dispute is land, in Kikambala, Kilifi County, which the applicant says formed part of his late sister’s estate.
Court documents indicate that after reviewing an inquiry file compiled by the Directorate of Criminal Investigations, the Director of Public Prosecutions concluded that Rosemary Anne Akinyi Okeno was the sole lawful owner of the land, having acquired it in 2009.
According to the DPP’s findings, Farouki Omar Mzee is alleged to have orchestrated a fraudulent scheme aimed at disinheriting the rightful beneficiaries of the estate by obtaining a provisional certificate of title while fully aware that the original title had not been lost.
The DPP also found that there was no evidence to support claims that the property had been jointly acquired by the deceased and James Ovid Shugars Yhap.
On February 9, 2026, the DPP directed that Mzee be charged with intermeddling with the property of a deceased person, and obtaining registration of title by false pretences.
However, despite the directive, Okeno said no arrest has been made nearly three months later.
In the application before the High Court, the family accuses the police of failing to act on the DPP’s instructions and frustrating efforts to bring the matter to a close.
Their lawyer Danstan Omari further claims that when he visited DCI offices to follow up on the file, he found it “lying on the floor in the office full of dust,” which he says is evidence of official neglect and deliberate inaction.
The applicant also accuses investigators of selective enforcement, arguing that police moved “with supersonic speed” to arrest and charge his wife on what he terms fraudulent claims, yet have shown little urgency in pursuing those named in the DPP’s directive.
He argues that the continued failure to arrest the suspects amounts to a violation of the family’s constitutional rights, including the right to access justice, equal protection of the law, and a fair hearing.
When the matter came before the High Court on April 7, Lady Justice Tabitha Ouya directed that all parties be served and file their responses within three days.
The matter will be mentioned on April 14, 2026 for further directions.
Okeno is seeking an order of mandamus to compel the Inspector General of Police to effect the arrest of the two respondents.
He is also seeking a declaration that the failure by police to act on the DPP’s directive is unlawful and contrary to their constitutional and statutory mandate.
The dispute traces back to the death of Rosemary Anne Akinyi Okeno on March 28, 2014.
Following her death, her brother Eric Matakwa Okeno was granted letters of administration on January 14, 2016, with the grant later confirmed on July 11, 2016.
According to court records, the estate included property in Nyali, Kikambala, and a house in Tottenham, London, which was distributed among family members, with some portions held in trust for minors.
The family says the wrangle escalated when James Ovid Shugars Yhap allegedly surfaced claiming to be the deceased’s husband through what the applicant describes as fraudulently obtained documents.
The family disputes that claim and maintains that Rosemary was unmarried at the time of her death.
Omari told the court the matter was extremely urgent, warning that unless action is taken promptly, the suspects could flee the jurisdiction, interfere with witnesses, or tamper with evidence.
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