Judiciary Breaks Silence on Tuju Case, Clarifies Court Decision and Way Forward
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The Judiciary has addressed issues following the ruling in Dari Limited and Raphael Tuju vs Garam Investment Auctioneers, Knight Frank Valuers Ltd and Others (HCCOMM/E636/2024), delivered on 9th March 2026.
Judiciary spokesperson Hon. Paul Ndemo said the statement aims to clarify the context and legal issues in the case, in line with the Judiciary’s commitment to transparency and accountability.
The dispute centres on two properties involved in a longstanding debt obligation. The Plaintiffs had approached the High Court seeking orders to stop the auction and transfer of the properties while the case was being determined.
The Court initially granted interim orders to preserve the properties. The Defendants, however, challenged the Court’s jurisdiction and the propriety of the proceedings, seeking to set aside the interim orders and have the suit struck out.
Court Highlights Long Litigation History
Upon review, the Court noted that the matter has a long litigation history spanning multiple jurisdictions.
“This includes a 2019 judgment by the High Court of Justice in England and Wales, recognition of that judgment by the Kenyan High Court in 2020, affirmation by the Court of Appeal in 2023, and the Supreme Court’s refusal to grant interim relief.” The statement said.
Also Read:“I Will Not Defend Him”: Gachagua Distances Himself from Raphael Tuju’s Legal Troubles
The Court also found that the Plaintiffs’ injunction application essentially sought to re-litigate issues already conclusively decided, invoking the doctrine of res judicata.
It further emphasized that the validity of the underlying financial agreement, the amount owed and the lender’s right to realize the secured properties had already been settled.
Court Strikes Out Plaintiffs’ Application
As a result, the Court allowed the Defendants’ applications, struck out the Plaintiffs’ amended plaint and injunction request and discharged all interim orders restraining the sale of the properties.
Also Read: EADB Responds to Tuju’s Repayment Offer Claims in Ksh 1.1 Billion Loan Dispute
The Judiciary confirmed that the Plaintiffs have since filed an appeal at the Court of Appeal. Hon. Ndemo urged restraint from all parties and the public, emphasizing that commentary should not prejudice the appellate process.
“It is vital that the integrity of the judicial process is upheld, and that matters are determined without undue influence or public speculation.” He stated.
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A photo collage of the East African Development Bank (EADB) building and former Cabinet Secretary Raphael Tuju. PHOTO/ UGC.
