(Malindi) – The High Court in Malindi has granted a British national, Simon Harold Shiels, the right to forcibly enter and take control of matrimonial and commercial properties, which his stepchildren had been preventing him from accessing.
A British national, Simon Harold Shiels, has been granted permission by the High Court in Malindi to forcibly take possession of his matrimonial home and several commercial properties. The ruling, issued by Justice Stephen Githinji on October 23, 2024, came after Shiels’ stepchildren had repeatedly prevented him from accessing the properties despite a prior court ruling in his favor.
Shiels had been awarded letters of administration three years ago, giving him the legal right to manage and control the estate of his late wife, Jacinter Njoki Akoth. However, his stepchildren, Mary Akinyi and Anthony Otieno, obstructed his access to the property. These obstacles included threats, physical assaults, and malicious damage to property, all of which Shiels reported to the court. Despite these issues, he maintained that he had made fair efforts to distribute the estate, but the stepchildren had rejected his efforts.
In his court application, Shiels explained that despite the court’s earlier decision, he was unable to take possession of the property because of continued interference from his stepchildren. He sought the court’s permission to allow a bailiff, Isaac Ntongai Samwel, to forcibly enter the property and oversee its inspection, management, and maintenance, as per the distribution list outlined in the certificate of confirmation of grant issued to him in December 2021.
Justice Githinji ruled in favor of Shiels, emphasizing that the legal orders made in his favor had not been overturned or appealed, making it necessary for the court to enforce those orders. The judge noted that the respondents’ actions of blocking Shiels’ entry were in direct defiance of the court’s decisions, which are binding and do not require external enforcement.
The court granted permission for the bailiff to enter and take possession of two properties, including a residential house and guest house, located in the Mtangani area of Malindi. This decision followed an earlier ruling issued in 2021, which had not been executed due to the stepchildren’s resistance.
Shiels further explained in his court submissions that, as the surviving spouse of Njoki, he had been appointed as the administrator of her estate. Despite the court’s judgment, his stepchildren had refused to recognize his role and continued to obstruct his efforts. In response, he had sought the intervention of the bailiff, who attempted to access the property but was unsuccessful, even with the assistance of police officers.
The court’s intervention is seen as a necessary step to resolve the ongoing dispute over the property, which is valued at millions of shillings. The ownership of the property has been contested by Njoki’s ex-husband, Amos Okoth Oluoch, and her children, who have disputed Shiels’ claim to the estate. Oluoch, who claims to be Njoki’s legal husband under Luo customary law, has filed several cases against Shiels, questioning his right to the property.
Despite the claims made by Oluoch, there was no supporting evidence to prove the customary marriage. However, the court assumed that Oluoch and Njoki were still married under Luo customs, as they had lived together for over a decade and had two children. Evidence presented in court showed that after separating from Oluoch, Njoki married Shiels, and they acquired properties in Malindi before her tragic death in 2018.
The dispute took a dramatic turn following the fatal accident in which Njoki died. She was reportedly run over by a vehicle allegedly driven by Shiels, while she was on a motorbike with a rider, Alex Kahindi. Shiels initially faced traffic charges, but after further investigation, the charges were upgraded to murder, with the allegation that Shiels had caused her death by dangerous driving.
According to court records, Shiels and Njoki had been involved in a heated argument before the incident, leading her to flee and board Kahindi’s motorbike. It is alleged that Shiels pursued them and ran them over. Njoki was pronounced dead upon arrival at a local hospital, and a postmortem confirmed that her cause of death was hemorrhagic shock due to head injuries.
Following her death, a property dispute arose between Shiels, Njoki’s ex-husband Oluoch, and her children. While Shiels sought to claim his right as the surviving spouse and administrator of the estate, the stepchildren contested his claims, believing the property rightfully belonged to their late mother.
This case has drawn attention due to its complex legal issues surrounding property rights, family disputes, and the tragic events leading to Njoki’s death.
Table: Summary of Court Ruling on Property Dispute
| Property Location | Property Type | Court Ruling | Date of Ruling |
|---|---|---|---|
| Mtangani, Malindi | Residential house & guest house | Bailiff authorized to take possession | October 23, 2024 |
| Malindi | Commercial properties | Bailiff allowed entry for inspection & management | October 23, 2024 |