Former Cabinet Secretary Raphael Tuju has suffered a setback after the High Court cleared the auction of his Dari Business Park to proceed.
In a ruling issued on May 21, Justice Moses Ado also temporarily stopped the auction of the Entim Sidai property until the case is concluded.
However, the court directed the former Cabinet Secretary to deposit KSh50 million as security within 30 days, warning that failure to comply would result in the revocation of the stay orders.
“The plaintiff (Tuju) shall, within 30 days of deposit security in the sum of Sh50 million in an interest-earning joint account in the names of counsel for the parties, failing which the stay order shall automatically lapse,” read the judgment.
Why the High Court Allowed the Auction of Tuju’s Dari Business Park
Justice Ado held that the court could not interfere with a lawful transfer of property that had already been sold and passed to a third-party purchaser nearly two years earlier.
He noted that public auction sales attain finality once title has been transferred, meaning courts are generally unable to overturn completed statutory transactions.
The High Court judge observed that the evidence showed that LR No. 1055/165, comprising Tamarind and Dari Business Park, was sold at a public auction, transferred to Ultra Eureka, and that possession was subsequently taken.
“The evidence before this court demonstrated that one of the properties, that is LR No.1055/165, that’s Tamarind and Dari Business Park, was sold at a public auction, transferred to the tenth defendant (Ultra Eureka), and possession taken,” read part of the court ruling.
The court further ordered him to deposit KSh50 million as security within 30 days, warning that failure to comply would result in the lapse of the reprieve orders.
Also Read: Size and Value of the Multi-Billion Shilling Empire Tuju Is Fighting to Keep
Tuju Secures Temporary Stay as Court Sets Strict Conditions
Tuju had argued that the wellness sanctuary, together with Dari Business Park, is a unique and irreplaceable asset, and that selling it would make his intended appeal meaningless.
The lender opposed the application, arguing that Tuju had failed to present any credible financial assurances and cautioned that continued delays would only worsen the outstanding debt.
However, the judge drew a clear distinction between assets already transferred and those still subject to protection, expressly excluding completed transactions involving Dari Business Park from the scope of the stay orders.
Also Read: Raphael Tuju Faces Eviction from Multi-Billion Shilling Karen Property
He further clarified that the ruling would not undo or affect the earlier transfer of LR No. 1055/165, Tamarind and Dari Business Park, which had already been concluded.
Tuju was also ordered to file and serve the record of appeal within 60 days; failure to do so would result in the automatic lapse of the stay orders.
The ruling follows Tuju’s appeal after the High Court, in a judgment delivered on March 9, 2026, allowed the auction of properties linked to former Cabinet Secretary Raphael Tuju to proceed, after dismissing a case seeking to stop the forced sale in a long-running multi-billion-shilling loan dispute.
At that time, the High Court lifted earlier interim orders that had temporarily stopped the auction, allowing the lender and appointed auctioneers to proceed with the recovery process.
