The Judiciary of Kenya has moved to clarify why a case filed by former Cabinet Secretary Raphael Tuju and Dari Limited seeking to stop the auction of their property worth Ksh 4.5 billion was dismissed.
Tuju was forcibly removed from his Karen property by armed police on Saturday, March 14, after officers cordoned off Dari Business Park, leaving the premises locked and inaccessible.
In a statement issued on Wednesday, March 18, the Judiciary stated that the matter had already been conclusively determined by multiple courts.
Judiciary Says Tuju Case Dismissed as Issues Already Decided by Courts
According to the Judiciary, the dispute stems from the East African Development Bank (EADB) ‘s efforts to recover a long-standing debt by selling two properties used as collateral.
Tuju and his company had moved to the High Court seeking orders to block the auction and transfer of the properties pending the hearing and determination of the case.
The court initially granted temporary orders preserving the property. However, the defendants challenged the case, questioning the court’s jurisdiction and seeking to have both the orders and the entire suit struck out.
Also Read: East African Development Bank Breaks Silence After Tuju’s Auction and Tears
Upon reviewing the matter, the court found that the dispute had a long history of litigation spanning several jurisdictions.
This includes a 2019 judgment by the High Court of Justice in England and Wales ordering repayment of more than $15 million under a financing agreement.
The judgment was later recognized and enforced in Kenya in 2020, upheld by the Court of Appeal of Kenya in 2023, and left intact after the Supreme Court of Kenya declined to grant relief halting its enforcement.
Tuju Loses Court Battle Over Karen Property, Files Appeal
The High Court further noted that similar attempts to obtain injunctive orders had already been dismissed in 2024.
It ruled that the latest application by Tuju and Dari Limited raised issues already heard and determined and was therefore barred.
According to the court, the validity of the financial agreement, the amount owed, and the lender’s right to realize the secured properties had already been settled.
It added that reintroducing similar claims, even under constitutional arguments, amounted to an abuse of the court process.
Also Read: Raphael Tuju Sends Emotional Message to His Children After 3 a.m Eviction
Consequently, the court allowed the defendants’ applications, struck out the amended suit, and dismissed the request for an injunction. It also lifted all earlier orders that had stopped the auction of the properties.
The Judiciary confirmed that the plaintiffs have since filed an appeal before the appellate court and urged all parties to exercise restraint as the matter proceeds.
This comes after Tuju wrote to Chief Justice Martha Koome, complaining about the conduct of some judicial officers and their integrity, while questioning the process by which auctioneers were granted the leave to auction his property in Karen to proceed.
