Jacob Juma’s widow to be evicted

The widow of the late businessman Jacob Juma has lost her bid to prevent eviction from a contested Sh1.3 billion property in Loresho, Nairobi. The Court of Appeal judges, Patrick Kiage, Abida Ali Aroni, and Lydia Achode, dismissed Miriam Juma’s application, stating they were not convinced that her appeal would be rendered moot if the eviction block was not granted.

In their ruling, the judges highlighted that Juma had occupied the property for 15 years, a situation unchanged despite Ashok Rupshi Shah’s legal victory. They criticized her delay in filing the application and failure to respond to the eviction order request.

The judges noted that ongoing investigations could potentially clarify the case and serve all parties’ interests, offering Juma an opportunity to present her case before the DCI. They concluded that Juma had not demonstrated sufficient grounds to prevent the eviction, resulting in the application’s dismissal.

Juma had sued Shah and Hiten Kumar over the ownership of the disputed land, also claimed by former provincial commissioner Davis Nathan Chelogoi, who is involved in a separate legal battle over the property.

In July 2022, Justice Loise Komingoi of the Environment and Land Court ruled that Juma had improperly obtained documents for the 18.25-acre land. The court ordered the cancellation of these documents and directed Juma’s widow to pay Shah and Kumar Sh50 million in damages for trespassing and denying the rightful owners access to their property.

Shah and Kumar had previously argued in court that Juma had unlawfully acquired the land, fenced it, and built security structures, thus blocking their access. They contested the validity of the land documents, which Juma claimed were legally acquired. Shah maintained that he and Kumar were the rightful owners of the property.