In re Estate of Jecinter Njoki Okoth (Deceased) (Succession Cause 9 of 2018) [2025] KEHC 17504 (KLR) (28 November 2025) (Ruling) Neutral citation: [2025] KEHC 17504 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MALINDI SUCCESSION CAUSE 9 OF 2018 M THANDE, J NOVEMBER 28, 2025 IN THE MATTER OF THE ESTATE OF ESTATE OF JECINTER NJOKI OKOTH (DECEASED) BETWEEN SIMON HAROLD SHIELS ...................................................................... APPLICANT AND MARY AKINYI OKOTH .............................................................. 1ST RESPONDENT ANTHONY OTIENO OKOTH ................................................... 2ND RESPONDENT RULING 1. The proceedings herein relate to the estate of Jecinter Njeri Okoth (the deceased) who died intestate on 21.1.18 in Malindi. A grant of letters of administration, was on 23.6.2020 issued to the Applicant Simon Shiels, the deceased’s husband and confirmed on 16.8.21. The Respondents are children of the deceased from another relationship. 2. By a summons dated 28.2.25, the Applicant seeks the following orders: 1. That this Honorable Court be pleased to furnish (sic) the Respondents by imprisoning and fining them for being in contempt of the orders issued on 16th September 2021 by Justice R. Nyakundi. 2. That this Honorable Court be pleased order the forceful eviction of the respondents, Mary Akinyi Okoth and Anthony Otieno Okoth, from Plot No. 4XXXX853 (Original No. 1XXX35/5XXXX3) and Plot No. 4XXXX42 (Original No. 1XXX35/5XXXX2). 3. That the Malindi OCS be directed to enforce the orders herein sought. 4. That costs be in the cause. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17504/eng@2025-11-28 1
page 1 of 2
3. The Applicant’s case is that Plot No. 4XXXX853 (Original No. 1XXX35/5XXXX3) was apportioned to him in the certificate of confirmation of grant. In spite of the Respondents being aware of this fact, they have declined to grant him access to the same and have assaulted him whenever he tried to access the same. They have also failed to comply with an order of vacant possession dated 16.9.21. Further that the Malindi OCS has failed to enforce the orders despite service. The Applicant further stated that the Respondents continue to collect rent from the Guest House to the exclusion of other beneficiaries of the same. He urged that the Respondents do provide an account of all the income received from the date of confirmation of grant. 4. The circumstances herein are that the Applicant though appointed administrator of the estate of the deceased, was subsequently charged with her murder in HCCR No. E008 of 2022 Republic v Simon Harold Shiels. The case is still pending before this Court. 5. There is presently an application dated 23.7.25 filed by Anthony Otieno Okoth, the 2nd Respondent, seeking inter alia stay of all further administration of the estate of the deceased pending the hearing and determination of the murder case against the Applicant; revocation of the grant issued to the Applicant or suspension of his powers as administrator and appointment of the Public Trustee pending the determination of the murder case; that the Applicant produce a full and accurate inventory of all estate assets as at the date of the deceased's death and a detailed account of all dealings with estate assets from the date of death to the present; an order forensic audit of the estate's assets; an order that the Officer Commanding Station (OCS) at Malindi secures the vehicle used as an exhibit in the murder case and ensure its preservation as estate property. 6. Directions have been given for the disposal of the said application. 7. In light of the foregoing, I do find that it is prudent that a determination of the prayers herein be stayed, pending the hearing and determination of the application dated 23.7.25. DATED, SIGNED AND DELIVERED IN MALINDI THIS 28TH DAY OF NOVEMBER 2025 M. THANDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17504/eng@2025-11-28 2
page 2 of 2