A Malindi Court has restrained a Man from evicting a Businesswoman from their matrimonial home.
Malindi Senior Principal Magistrate James Ongondo issued an order on February 18,2023 stopping Wesche Simon Enna from wasting, damaging or interfering with that matrimonial property located Habour Cottage pending the hearing and determination of the matter in court.
“A temporary injunction be and is hereby issued restraining Wesche, officials, employees or whomsoever is acting on his behalf from wasting, damaging, alienating or interfering with altering the beneficial interest over shares and assets in Habour Key Cottage Management Limited pending the hearing and determination of the suit in court, “added Ongondo.
In her application through lawyer John Swaka, Vivien Nasimiyu Wamalwa claims that her husband whom they jointly bought the property has evicted her from the house.
She claims that they got married in June 2020 in Odennse Kommune Denmark.
The union between the parties was however not blessed with any children.
Swaka in court documents says that the woman had a daughter and the Simon a son from their previous relationships.
In May 2021, She secured employment with Telehealth Company in Kenya and they relocated to Kenya. Simon retained his employment with his Danish employer working remotely.
The two resided in Kilimani Nairobi together with the woman’s daughter in an apartment which the Applicant was renting.
The two while on holiday in Malindi came across a property known as Harbour Cottage No 30 registered as CR No. 35919 and known as Land Portion No. 9699 which piqued their interest.
They purchased it on Sh 7,000,000 via a sale agreement drawn by the Advocate firm of Muli & Ole Kina.
They equally jointly purchased shares in Harbour Key Cottage Management Limited from Nesti Maria Raffaella
Upon purchase they moved into the property together
Swaka says that the man has been physically and verbally abusive to the woman on several occasions both in Denmark and within the country leaving her with severe injuries and bruises on her body.
The attacks of violence and abuse forced the Applicant to seek psychological assistance from a therapist following a marital spat which culminated in the Respondent attempting to kill the Applicant through strangulation
They separated for a brief period within the month November 2022 and the Applicant moved back into their home in Nairobi.
The woman having had an opportunity to begin healing both physically from the bruises and scars and emotionally, sometimes in the month of February 2023 informed the Respondent that she would be moving back into their home in Malindi
To the woman’s surprise upon arrival on the 7the February 2023 she was met with boxes and bags of her personal items at the gate by one Kenneth Maina who had been hired by the Respondent to bar the Applicant’s ingress and access to the premises.
Lawyer Swaka says that the actions by the Respondent have excluded the Applicant from use and access to her matrimonial home despite having equally contributed to the purchase of the property
The woman is apprehensive that unless restrained by the court the man shall remain a persistent nuisance and a threat to her safety and well-being and her proprietary interests.
Swaka says that the conduct by the man threatens the woman’s quality of life and her proprietary interests over the land as enshrined under the provisions of Article 40 of the Constitution.
“The actions by the Respondent have destabilized and wreaked havoc to the Applicant’s life through the constant threat of assault, physical harm and verbal insults and abuses”, adds Swaka
He says that the actions by the Respondents have been a cause of grave mental, emotional trauma.
Danish Spouse
On his end, the Denmark citizen pleaded for help from the government stating that his Kenyan ex-wife had taken over his Ksh12 million house in Malindi and moved in with another man.
According to the 48-year-old, he purchased the beach cottage while on vacation with his then-wife in 2021 for Ksh10.5 million and spent a further Ksh2 million to renovate and furnish the house.
He narrated that he met the Kenyan in Denmark in 2020 while she was married to another man but he decided to marry her weeks after she divorced her other Danish spouse.
Moreover, he stated that he made the decision to move to Nairobi to stay with his Kenyan wife because it was difficult for her to obtain a residence permit in Denmark.
“I have been funding our entire relationship including the entire move back to Kenya. Everything from holidays to our daily necessities has come out of my pocket.
“I have even funded several of her trips to Kenya as well as holidays and birthday presents for her daughter while we lived together in Denmark,” the man narrated.
The danish man explained that he was able to buy the Malindi Beach Cottage from his investments in Denmark noting that it was his first investment in Kenya.
Moreover, he added that his ex-wife had tricked him into including her name on the sale agreement claiming that he was not allowed to own property in Kenya as a foreigner.
“I am living in exile in Denmark away from the property I own in Kenya and the life I have worked hard for.
“She has used her connections to get my residence permit revoked. Her plan is to keep me away and enjoy her sweet life at my expense,” the man added.
Further narrating his plight, the Danish man explained that he left his cottage in February 2023, to accompany his ailing father but when his ex-wife learnt of his departure, she travelled to Malindi, broke into the house and moved in with another man.
“She broke into the cottage the following day after I left without warning and moved in with another man. The man I employed to look after my residence was brutally attacked and chased away.
“She is killing my dream to invest in Kenya and live a beautiful life,” the man lamented.
