A Nairobi man has moved to the High Court seeking orders to compel police to arrest and charge two individuals he accuses of illegally interfering with his late sister’s property.
Eric Matakwa Okeno filed the case before the Judicial Review Division of the High Court in Nairobi, seeking orders to force the Inspector General of Police to enforce a decision by prosecutors directing the arrest and charging of the suspects. The two individuals named in the application are Farouki Omar Mzee and James Ovid Shuggars Yhap. Okeno accuses them of unlawfully dealing with property belonging to the estate of his late sister, Rosemary Anne Akinyi Okeno.
The Director of Public Prosecutions has been listed in the case as an interested party. Through his lawyer Danstan Omari, Okeno says investigations into the matter were completed and the Office of the Director of Public Prosecutions recommended that the two suspects be arrested and charged.
However, he claims police have failed to act on that directive. According to the court papers, Okeno first reported the matter to the Directorate of Criminal Investigations in January 2025, triggering investigations into allegations that the suspects fraudulently obtained documents relating to the deceased’s property.
He says he is the legally appointed administrator of his sister’s estate after being granted letters of administration by the High Court in Mombasa in 2016. Okeno further claims investigators later forwarded the file to the Director of Public Prosecutions, who allegedly directed that the suspects be arrested and charged.
Despite that directive, he says the suspects remain free. The applicant argues that the delay in arresting them risks interference with evidence and could frustrate efforts to prosecute the case. He also alleges that the suspects have continued using what he describes as fraudulent documents in other court proceedings involving the disputed property.
Okeno is now asking the High Court to compel the Inspector General of Police to execute the prosecution’s decision by arresting the two suspects and presenting them before court to face charges.
He argues that unless the court intervenes, the continued inaction may deny his family justice and allow the alleged illegal dealings with the property to continue.
