Uganda goes after wife of Moi-era vice president in high-profile graft case

The High Court in Uganda has granted permission for the ongoing land fraud case involving Beatrice Nyindombi Karanja, the spouse of the former Kenyan Vice President Dr Josephat Njuguna, to advance through the legal process.

Justice Vincent Wagona of the Ugandan court reached this decision while refuting the preliminary legal objections raised by Nyindombi and her legal counsel. Nyindombi had requested the dismissal of the fraud charges brought against her in 2019 by the late Juma Hussein, contending that the lawsuit was filed beyond the acceptable timeframe.

Juma Hussein, a resident of Fort Portal, had accused Nyindombi of encroaching upon a 73-hectare piece of land. This contentious land dispute started in 1990, when Juma fell sick and borrowed Sh12,000 from Nyindombi to fund his treatment.

Regrettably, Juma’s health showed no improvement, leading him to request an additional loan of Sh46,000 from Nyindombi in 1997. Nyindombi, who was in Kenya at that time, sent the funds through her brother, who personally delivered the money to Juma.

Murky documents

As part of the loan arrangement, Nyindombi sought the lease title of Juma’s land as collateral, a request to which Juma agreed.

Following Juma’s demise, his family members, including Hakim Hussein, Rehema Namara Hussein, Fahmi Hussein Kahuma, Mariam Hussein, Jamila Hussein Karungi, and Aisha Hussein, assumed responsibility as petitioners.

During the court proceedings, Nyindombi’s legal representative, Macdusman Kabega, contended that the case should be dismissed on the grounds of a statutory time limitation. Kabega argued that fraud, as an exception to the statute, applies from the moment of its discovery or reasonable determination. Additionally, he emphasized that the lawsuit was initiated in 2019, a staggering 19 years after the initial land transfer transpired in 1990.

On the other side, the Husseins, through their legal counsel, Richard Bwiruka, presented a contrasting narrative. They argued that Juma had pledged his certificate of title to Nyindombi as security.

Furthermore, they alleged that in 2010, Nyindombi had requested Juma’s permission to utilize his land, an appeal that he consented to. However, in 2014, Juma reported that Nyindombi had coerced him into signing blank transfer forms under the pretext of resolving encroachment issues. Unbeknownst to him, the title was transferred without his knowledge, consent, or approval.

Justice Wagona’s verdict favoured the Hussein family. He emphasized that allegations of fraud can be raised anytime it is discovered.

In his judgment, Wagona scrutinized the presented facts, asserting that the cause of action emerged in 2019, when the plaintiff became aware of the fraudulent activities.

As the lawsuit was filed in 2019, it fell within the 12-year statute of limitations established by the Limitation Act. Consequently, Justice Wagona overruled Kabega’s objections, signifying that the case should proceed on its merits.