Family Seeks Cancellation of Land Title Claimed by Former Kenyan Vice President’s Wife

The Family of the late Juma Hussein has asked the High Court in Fort Portal to cancel a 73 acre land title being claimed by Beatrice Nyindombi Karanja the widow to former Kenyan Vice President Dr Joseph Njuguna Karanja.

The family says the land was taken fraudulently as their father did not sell it to Nyindombi as she claims. According to Hakim Hussein a son to the deceased Juma, the case has dragged on for about six years without accessing their father’s land which has affected their livelihood.

This was after the case came up for hearing on Tuesday before Justice Vincent Wagona.

This case started when the late Juma , a resident of Fort Portal accused Nyindombi of encroachment on a 73-hectare piece of land comprising Block 45, Plot 7 in Harugongo sub-county . The dispute dates back to 1990 when Juma fell ill and allegedly borrowed Kenyan Shs 12,000 from Nyindombi for treatment.

The family members of the late Juma Hussein in Court.

Documents indicate that Juma’s health did not improve, and in 1997, he requested an additional loan of Uganda Shillings 1,150,000 from Nyindombi. Nyindombi, who was in Kenya at the time, sent the money through her brother, who delivered it to Juma.

As part of the loan agreement, Nyindombi requested the lease title of Juma’s land as security, which he handed over. However, after Juma’s passing, his family members, including Hakim Hussein, Rehema Namara Hussein, Fahmi Hussein Kahuma, Mariam Hussein, Jamila Hussein Karungi, and Aisha Hussein were substituted as petitioners.

The Husseins then through their lawyer Richard Bwiruka, argued that their late father Juma had given Nyindombi a certificate of title as security, and in 2010, she requested permission to use his land, which he granted. However, in 2014, Juma claimed that Nyindombi asked him to sign blank transfer forms under the pretext of addressing encroachment issues, but the title was transferred without his knowledge, consent, or approval.

Now today, Nyindombi through her lawyers led by MacDusman Kabega presented their eighth and ninth witnesses namely Godfrey Kazinduka Kagoro the current Dean of Students at Fins Medical University who is her cousin brother and 70 year Lawyer Cosma Kateeba who said he commissioned a supplementary affidavit in which Juma allegedly confirmed to have sold the land to Beatrice.

The 67 year old Kazinduka has told Justice Wagona that he is the one who delivered 50,000 Kenyan shillings to the deceased Juma around 1987/1988 at his office (Kazinduka ‘s) at Metropole Building along the Entebbe Road in Kampala.

However , Kazinduka has informed the Judge that whereas Juma made an acknowledgement in writing for the said money, it has now been more than 30 years later and he therefore unable to trace the said acknowledgement.

As such, the Hussein’s Lawyer Bwiruka has told the Court that in the absence of such piece of evidence acknowledging receipt, Nyindombi cannot go ahead to claim ownership of the contentious land. Bwiruka says the land title should be cancelled.Bwiruka also adds that the said affidavit is also a forgery and not genuinely authored by their client.

Lawyer Richard Bwiruka (left) the lawyer representing the Hussein’s in Court.

The case has been adjourned to April 25th 2024 for further hearing .