Former Gender Cabinet Secretary Aisha Jumwa is embroiled in a legal dispute with a property owner over a Kes.250 million house she purchased last year.
Bejav Furniture Limited has taken the matter to court, demanding that Jumwa pay an outstanding Kes.60 million, which was part of the agreed sale price.
The case, initially seeking to have the former CS declared bankrupt, has been referred to mediation. The dispute traces back to four months after Jumwa was sworn in as Cabinet Secretary on October 27, 2022.
Prior to being sworn in, Jumwa had declared a Kes.100 million net worth during her vetting for the CS position.
According to court submissions, the recently sacked CS approached Roselyn Wambui to purchase a house valued at Kes.250 million.
Wambui claimed that Jumwa negotiated the price down to Kes.215 million. “I instructed my advocate, Kinyanjui Kirimi and Company Advocates, to draft a sale agreement and send it to the defendant’s advocate, the firm of Mohamoud, Gitau & Jillo LLP Advocates, which was done on February 25, 2023,” Wambui stated in her case on July 26, 2024.
Sale Agreement
Wambui noted that Jumwa’s lawyers acknowledged receipt of the sale agreement but informed her that the politician was securing financing. It was later revealed that Jumwa could only secure Kes.145 million from the Kenya Commercial Bank (KCB).
To accommodate the financing, Wambui added that Jumwa’s advocate proposed on March 1, 2023, an agreement to satisfy the banks (KCB and Gulf), along with an addendum covering the additional amount agreed upon, which was not being financed.
According to Wambui, Jumwa was supposed to pay an additional Kes.70 million. She reportedly paid Kes.10 million and committed to paying the remaining Kes.60 million within 12 months.
“The 12-month payment period was mutually agreed upon and clearly outlined in the first draft of the agreement. It was undisputed that the house’s price was set at Kes.215 million,” Wambui explained.
Wambui stated that she transferred the house to Jumwa, and it was registered as collateral for a loan with KCB. Despite repeated attempts to contact the former Malindi Constituency Member of Parliament regarding the outstanding balance, Wambui said she received no response after her lawyers reached out on May 25, 2023.
Wambui contended that Jumwa should have clarified if the balance was not payable. “Despite numerous demands and requests for the defendant to pay the remaining amount, the defendant has completely ignored, neglected, and refused to pay the balance, causing significant harm and breaching the contract,” Wambui claimed.
Debt Recovery Case
The property owner instructed her lawyers to file a debt recovery case against Jumwa, seeking to have the then-minister declared bankrupt. However, she noted that the bankruptcy case is awaiting mediation or settlement and has since stalled.
The businesswoman is now seeking a court order to compel Jumwa to pay the outstanding amount, along with 18.5 percent interest until full payment is made.
In contrast, Jumwa is seeking to have the case dismissed and for Wambui to cover the legal costs. The former CS filed an objection, arguing that the court lacks jurisdiction over the case. Her lawyers pointed out that the agreement between the parties stipulated that any disputes would be resolved through arbitration, and the matter has already been referred to a mediator.
“This honourable court does not have jurisdiction to hear and determine the applicant’s application,” read Jumwa’s response, filed by Prof. Tom Ojienda and Associates on August 5, 2024.
