Simon Enna Wesche, a Danish national, experienced a significant blow when his separated Kenyan wife was granted an injunction preventing him from forcibly removing her from their Ksh12 million Malindi beach mansion.
Businesswoman Vivien Nasimiyu Wamalwa won the injunction suspending ex-husband Wesche's relocation from their marital home, popularly known as Harbour Cottage until the conclusion of a case contesting who is the rightful owner of the multi-million-shilling Malindi beach mansion.
"A temporary injunction is now given prohibiting the respondent (Wesche) himself, officials, agents, employees, assignees, or whoever is working on his behalf from evicting and or in any other way tampering with the applicant's (Wamalwa) peaceful use and access to the marital residence known as Harbour Cottage No. 30, registered as Cr No. 35919, until the hearing and conclusion of the case," Senior Principal Magistrate James Ongondo said.
In addition, the court granted orders preventing Danish investor Wesche from harming, alienating, meddling with, or changing the proprietary interest over shares and assets of Harber Key Cottage Management Ltd while the case is being heard and decided.
Wamalwa requested the orders on the grounds that she is resentful of his estranged husband's efforts to evict her, claiming that these activities are dishonest as they are co-owners of the subject property.
The businesswoman alleges, via her lawyer, John Swaka, that she met Wesche in 2019 in Denmark, where she was employed at the time. They were married in June 2020 in Odense Kommune, Denmark, but opted to go to Kenya when Wamalwa had trouble getting a residency visa.
"Nevertheless, there were no problems with the parties' alliance." Wesche and Wamalwa both had a child from a prior relationship, a son, "according to Swaka's court documents."
They first resided in the Kilimani neighborhood of Nairobi County until May 2021, since Wamalwa had been working as a growth manager for TeleHealth Corporation in Kenya when they moved back to the country, while Wesche continued to work remotely for his Danish company.
The solicitor continues by saying that while on vacation in Malindi, they came upon a beach house that was for sale. As their initial investment in Kenya, they chose to buy it since it was in a desirable region.
"The parties contacted Nesti Maria Raffaella, who is the registered owner of a leasing property over the subject area, and indicated an interest in buying the leasehold interest."
"They paid Sh7 million for a leasehold stake in the property (Harbour Cottage No. 30, which is also known as Land Part No. 9699 and is registered as CR No. 35919) via a sale agreement drafted by the law firm of Muli & Ole Kina," says Swaka.
According to the sale agreement, the total agreed purchase price was Ksh10.5 million, which was divided as follows: Ksh7 million for the cottage or immovable property and Ksh3.5 million for the furniture, furnishing, and fittings in the cottage.
Wamalwa is accused of pressuring her ex-husband to include her name in the sale contract, arguing that as a foreigner, he was not permitted to possess all the property in Kenya.
But, according to Wamalwa's lawyer, the pair equally acquired shares in Harbour Key Cottage Management Ltd from Nesti Maria Raffaella, and after the acquisition, they relocated to the new home.
Wamalwa claims in her affidavit that she has subscribed to and paid for the cottage deposit, renovations, all home furnishings, day-to-day maintenance, and shopping for the house in her capacity as a wife, including trips to Nairobi for the shared flat.
In her court documents, Wamalwa also alleges that Wesche repeatedly physically and verbally assaulted her, both in Denmark and elsewhere in the nation, leaving her with serious bodily wounds and bruises.
"After a marriage argument that ended with the Danish national trying to strangle her to death, Wamalwa was obliged to seek psychiatric counseling from a therapist as a result of the violent outbursts."
"She returned back to their Nairobi residence after the Parties herein briefly parted ways in the month of November 2022, lawyer Swaka claims.
The court was told that on February 6, 2023, Wesche and his father—who had been in the nation for three months at that point—left the country, and Wamalwa promptly gave him the news that she would be returning to their Malindi home.
To the applicant's great horror and disappointment, upon arriving on February 7, 2023, "Kenneth Maina, who had been employed by Wesche to restrict Wamalwa's entry and accessibility to the property, greeted her at the gate with boxes and bags containing her personal goods," Swaka said to the court.
According to the lawyer, his client informed the Malindi Police Station of the event, and efforts to enter the property have been fruitless up to this point.
"Despite having jointly committed to the acquisition of the house, Wasche's conduct has prevented Wamalwa from using and having access to her marital home."
"The applicant fears that, without court intervention, the foreigner would continue to pose a danger to her safety, well-being, and property interests," Swaka asserts.
He continues by saying that the Danish national's actions put his client's living conditions and her ownership rights in the land, which are protected by Article 40 of the Constitution, in jeopardy.
It will be brought up on April 4, 2023.
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