former Law Society of Kenya President Nelson Havi to derail a defamation case
A man has moved to the High Court under a certificate of urgency seeking to block what he terms as an imminent malicious arrest and prosecution linked to the administration of his late sister’s estate.
Eric Matakwa Okeno, through his lawyers Danstan Omari and James Onduso, also accuses the Inspector General of Police of failing to arrest suspects accused of intermeddling with the property of his deceased sister, months after the Director of Public Prosecutions (DPP) approved charges.
Okeno argues that he and his family are now on the verge of arrest despite lawfully administering the estate.
He claims that the DPP had issued directives for the arrest and arraignment of the 2nd respondent, Farouki Omar Mzee, but the orders are yet to be effected.
Okeno accuses one James Ovid Shugars Yhap of falsely claiming to be his late sister’s husband and fraudulently attempting to take control of her property.
The petitioner further alleges that Yhap, in collaboration with Mzee, orchestrated a scheme to defraud the family by generating fictitious documents purporting that the property was jointly owned by Yhap and the deceased .
The property in dispute is located in Kikambala and, according to findings by the DPP, legally belongs to the deceased, having been acquired in 2009 as confirmed by records at the lands office.
Court documents indicate that the matter was first reported to police in January 2025, but no action was taken for nearly a year until the DPP approved charges in January 2026.
Despite the approval, the suspects were allegedly arrested and later released without being charged, raising concerns over inaction and possible selective enforcement of the law.
According to his lawyer, the matter was initially handled in Mombasa where no substantive progress was made, prompting the applicant to move to the High Court in Nairobi.
Okeno now argues that the failure to implement the DPP’s directives has exposed his family to uncertainty and what he terms as a looming malicious prosecution.
He further warns that unless the matter is heard urgently, there is a risk of “imminent, irreparable and inescapable loss,” including disruption of ongoing projects, unpaid dues, and deterioration of machinery.
High Court Judge Tabitha Wanyama Ouya on April 7, 2026 directed that all parties be served and file their responses within three days.
The judge further ordered that the matter will be mentioned on April 14, 2026 for further directions.
A penal notice was also issued warning that any party who disobeys the court orders will face legal consequences.
