Seller wins legal nod to pursue Jumwa over Sh250M house deal

The High Court in Nairobi has paved the way for a seller to go after former Cabinet Secretary for Gender Aisha Jumwa over a Sh250 million house she purchased in 2023.

Justice Wayua Mong’are affirmed the finding of an arbitrator, Sean Omondi, which now gives Bejav Furniture Limited the right to force her to pay Sh60 million, which was part of the deal.

 Justice Mong’are said that Jumwa was represented by a lawyer before the arbitrator, but she chose to remain silent in the process.

“ The respondent has not denied the Applicant’s deposition that she attended preliminary arbitration meetings on 24th January 2025 and 4th February 2025 and that the firm of Prof. Tom Ojienda was re-appointed and appeared for her,” the judge observed.

Jumwa had claimed that she was not given the right to tell her side of the story. She also denied that Prof Ojienda’s law firm was representing her.

However, Justice Mong’are said that there was an exchange of emails where she did not pay the arbitrator’s deposit, which then forced Bejav to pay an additional Sh 150,000 to cover the shortfall.

The Judge said the emails were an indicator that she was aware of the case.

“ The applicant’s application dated October 28, 2025, is allowed on terms that the final award published by Sean Omonddi on May 22, 2025, and the final award on costs dated October 28, 2025, are hereby recognised as binding, and leave is hereby granted to the applicant to enforce the said arbitral awards as orders and decrees of this court. The Respondent shall bear the costs of both applications assessed at Sh70,000,” she ruled.

The company had initially sought to have the former CS declared bankrupt, but the case was referred for mediation.

Jumwa was sworn in as a CS on October 27, 2022.

The court heard that four months later, she approached Roselyn Wambui in a bid to buy her house, which was valued at Sh250 million.

Wambui stated that Aisha pleaded and negotiated the price downwards to Sh215 million.

“Indeed, I instructed my advocate Kinyanjui Kirimi and Company Advocates to draw a sale agreement and send it to the defendant advocate, the firm of Mohamoud, Gitau,& Jillo LLP Advocates, which was done on February 25, 2023,” said Wambui in her case on July 26, 2024.

According to the proprietor, Jumwa’s lawyers acknowledged receiving the sale agreement but informed her that the politician was being financed.

 She said that it eventually turned out that Jumwa could only qualify for Sh145 million from Kenya Commercial Bank (KCB).

“Thus, her advocate suggested on March 1, 2023, that we had to have an agreement for the sake of the banks (KCB and Gulf) and an addendum for the extra amount agreed between the parties, which was not being financed,” added Wambui.

Wambui alleged that there were decorations and furnishings in the house that she was supposed to remove from the house, but she did not. She added that the addendum agreement between her and Jumwa stated so.

In total, she claimed, Jumwa was not to pay Sh70 million instead of the initial Sh60 million deficit.

Jumwa was said to have paid Sh10 million and committed to pay Sh60 million in 12 months.

“The issue of the 12 months was agreed upon and was even captured in the shared first draft agreement. I was clear and completely uncontested that the price of the house was Sh 215 million,” she said.

 Wambui stated that she transferred the house to Jumwa and was registered as collateral to the loan with the KCB.

 She further said that her lawyers wrote to the former Malindi Constituency Member of Parliament about the remainder of the money, but she did not reply. This was on May 25, 2023.

According to Wambui, Jumwa should have explained that the balance was not payable.

“Despite several demands and requests from the plaintiff to the defendant to pay the balance of the consideration, the defendant has completely ignored, neglected, and or refused to pay the balance to my detriment and in utter breach of the contract,” Wambui claimed.

Wambui said she instructed her lawyers to initiate a debt recovery case before the court. Out of it, the lawyers sought to have Jumwa declared bankrupt.

She said that the bankruptcy case is still waiting for mediation or settlement. Wambui claimed that the case had stalled.

 Wambui wants Jumwa to be compelled to pay the amount in addition to 18.5 per cent interest until she settles it in full.

On the other hand, Jumwa wants the case struck out, and Wambui is ordered to pay the case costs.

 The former CS filed an objection stating that the court does not have the power to entertain the case.

According to her lawyers, the agreement between the two indicated that any dispute between the seller and the buyer would be settled through arbitration.

They also pointed out that the dispute had been placed before a mediator.

“This honorable court does not have jurisdiction to hear and determine the applicant’s application,” Jumwa’s reply, filed by Prof Tom Ojienda and Associates on August 5, 2024, read.