Dj Vnyash
The widow of the late businessman Jacob Juma has failed in her attempt to prevent eviction from a disputed 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, expressing doubts that her appeal would become irrelevant if the eviction was not halted.
In their decision, the judges noted that Juma had been living on the property for 15 years, a status that remained unchanged despite Ashok Rupshi Shah’s legal win. They criticized her for delaying the application and for not responding to the eviction order.
The judges mentioned that ongoing investigations could help clarify the situation and benefit all parties involved, allowing Juma to present her case to the Directorate of Criminal Investigations (DCI). They ultimately concluded that Juma had not provided adequate grounds to block the eviction, leading to the dismissal of her application.
Juma had filed a lawsuit against Shah and Hiten Kumar regarding the ownership of the land, which is also claimed by former provincial commissioner Davis Nathan Chelogoi, who is engaged in a separate legal dispute over the property.
In July 2022, Justice Loise Komingoi of the Environment and Land Court ruled that Juma had wrongfully obtained documents for the 18.25-acre land. The court ordered the cancellation of those documents and instructed Juma’s widow to pay Shah and Kumar Sh50 million in damages for trespassing and denying the rightful owners access to their land.
Shah and Kumar had argued in court that Juma had illegally acquired the land, erected a fence, and built security structures, obstructing their access. They contested the legitimacy of the land documents that Juma claimed to have obtained legally, with Shah asserting that he and Kumar were the rightful owners.
Silverio Omari
