The High Court has directed the Inspector General of Police to respond within three days to an application by a Nairobi man seeking to compel two men accused of fraudulently taking over part of the estate to be arrested.
This directive comes amid ongoing tensions over a long-standing family dispute concerning the estate of Rosemary Anne Akinyi Okeno, who passed away in 2014.
The case was brought before the court on 7th April 2026 by Rosemary’s brother, Eric Matakwa Okeno, acting as the estate’s administrator. Through his lawyer, Danstan Omari, Okeno contended that law enforcement agencies have failed to act despite clear directives from the Director of Public Prosecutions (ODPP).
The family alleges this inaction amounts to deliberate neglect and is obstructing justice.Okeno specifically accused the Inspector General of Police of neglecting to act on a legal directive from the DPP issued on 9th February 2026, which ordered the arrest and charging of suspects Farouk Omar Mzee and James Ovid Shugars Yhap.
The court was urged to issue a mandamus order compelling the police to effect these arrests and present the suspects before court. The dispute revolves around land parcels situated in Kikambala, Kilifi County. Eric asserts that these properties belonged entirely to his late sister, Rosemary.
According to court documents, investigations by the Directorate of Criminal Investigations confirmed Rosemary’s ownership, noting that she acquired the land in 2009.
A report from the DPP further alleges that Mzee engaged in an unlawful scheme to transfer the land fraudulently, despite knowing the original title had not been lost. Notably, the DPP dismissed claims suggesting joint ownership of the property by Rosemary and Yhap.
Despite the DPP’s directive to charge Mzee with intermeddling with a deceased person’s estate and obtaining title fraudulently, nearly three months have passed since the order, yet police have failed to make any arrests, according to Okeno’s lawyer.
The family’s petition condemns the police for failing to follow through on these orders, accusing officials of “inaction and deliberate delay.” Lawyer Omari stated
that the criminal investigation file seems abandoned and gathering dust in the offices of the Directorate of Criminal Investigations, which he describes as a clear sign of official dereliction.
Adding to their grievances, the family claims that law enforcement is applying double standards. They point out that police have swiftly moved to arrest and charge Okeno’s wife on alleged fraudulent claims while neglecting the suspects in this case.
Omari argues that such selective enforcement violates their constitutional rights, including access to justice, fairness, and equal protection under the law.The roots of this dispute trace back to Rosemary’s death on March 28, 2014.
Following her passing, Eric was granted authority to administer her estate in January 2016, with full legal confirmation awarded in July of the same year. The estate included properties in Nyali, Kikambala, and a residence in Tottenham, London, some assets held in trust for minors.
Tensions escalated further when James Ovid Shugars Yhap appeared claiming to be Rosemary’s husband a claim the family outright rejects, asserting Rosemary was unmarried at the time of her death.
The family also discredits the documents Yhap used to support his claim, alleging they were obtained fraudulently. In the meantime, Omari emphasized the urgency of the matter, warning that the suspects might attempt to flee, interfere with witnesses, or destroy evidence if swift action is not taken.
He stressed that the family’s right to justice must be protected and called on the court to intervene promptly
