The Judiciary, under the leadership of Chief Justice Marth Koome has issued a stern warning against public commentary on the protracted legal battle between Dari Limited and the East African Development Bank (EADB), emphasizing that the matter remains sub judice and must be resolved through formal judicial channels.
In a statement, dated Thursday by Judiciary Spokesperson Paul Ndemo warned the former Jubilee Secretary Raphael Tuju against commenting on the case in media.
“It is therefore clear that the matters between Dari Limited and EADB are actively before competent courts and the JSC. In accordance with the sub judice rule which upholds the rule of law and the due administration of justice – these issues should be left for judicial determination and resolution by the JSC.
We urge all parties to refrain from litigating their cases through the media or on social media platforms,” read part of the statement.
The judiciary also called on the media to verify facts before reporting on such matters to avoid contributing to misinformation or disinformation.
Koome counters Tuju
At the same time, the judiciary addressed claims made by Tuju clarifying that that the legal battle between Dari Limited and EADB has been handled across multiple courts and jurisdictions noting that the matter initially began in the High Court of Justice, Business and Property Courts of England and Wales, where EADB filed a case against Dari Limited.
On June 2019, the UK court ruled in favor of EADB, ordering Dari Limited and its guarantors to pay the amounts claimed by the bank. EADB subsequently sought to have the UK judgment recognized and enforced in Kenya.
On January 7, 2020, the Kenyan High Court granted this request, effectively registering the UK judgment as a Kenyan ruling.
Efforts by Dari Limited to overturn the High Court’s decision were dismissed on February 13, 2020. Dari Limited then appealed the decision to the Court of Appeal, which upheld the High Court’s ruling on April 20, 2023.
Also Read: Raphael Tuju Pens Letter to CJ Koome Over Petition Against Supreme Court Judges
Following this, Dari Limited took the matter to the Supreme Court of Kenya, challenging the adoption of the UK judgment.
During the Supreme Court proceedings, Dari Limited filed a complaint with the Judicial Service Commission (JSC), accusing the bench of bias. The seriousness of the allegations prompted the Supreme Court bench to recuse itself from the case. Consequently, the Court of Appeal’s judgment remains in effect.
In a separate development, Dari Limited filed an application in September 2024 to stop the auction of disputed properties. However, the High Court dismissed the application on 30th September 2024. Several related legal proceedings involving Dari Limited are still ongoing before the High Court.
Tuju Accuses Judges of Unfairness in Case Involving Auctioning of His Properties
Additionally, Dari Limited filed a reference before the East African Court of Justice (EACJ) in July 2021, claiming that EADB’s actions violated the fundamental principles of the East African Community Treaty. This case is still pending before the EACJ.
Raphael Tuju made comments regarding the auction of his property in Karen. He expressed strong concerns about the transparency and fairness of the auction process, alleging that it was conducted with significant procedural irregularities and potential conflicts of interest.
Also Read: Why Five Supreme Court Judges Have Withdrawn from Raphael Tuju’s Ksh1 B Case
Tuju accused several Supreme Court judges of misconduct and bias, claiming that their rulings favored financial institutions without adhering to due process.
Dissatisfied with Supreme Court judges conduct, Tuju has filed reports with the Ethics and Anti-Corruption Commission (EACC), highlighting these issues and warning of potential unrest if judicial integrity is not upheld.
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