Major Blow for Tuju in Fight to Block Property Seizure

Former Cabinet Secretary Raphael Tuju has faced another setback as the Supreme Court has rejected his request to present additional evidence in his fight against the seizure of his property in Karen by a regional lender.

The court on Tuesday ruled against Tuju’s application, dismissing it as a mere tactic for covering up the shortfalls in his defence. Tuju’s senior counsel, Paul Muite, argued that the additional evidence was in response to a biased narrative presented by the East African Development Bank. This rejection follows the Supreme Court’s previous refusal to block the appointment of two managers by the regional bank.

The court stated that EADB is a reputable lender capable of compensating Tuju if his appeal is successful. Tamarind currently manages the upscale hotel, Dari. Mr Tuju’s latest court filing clarifies that his response, submitted in June, was rejected due to technicalities. Mr Muite argued that the purpose of the dismissal was to ensure adherence to procedural rules, not to be punitive. As an alternative, he suggested that the court strike out a response contained in an affidavit filed by the bank official to uphold the constitutional right to a fair hearing.

“We are satisfied that the respondent remains a reputable international bank that should have no difficulty compensating the applicants if the applicants succeeded in their claim,” the Supreme Court said.

The bank opposed the application, stating that it prematurely addresses the bank’s response and defence outside the scope of the petition proceedings. In his appeal, Mr Tuju questions the recognition and enforcement of foreign judgments in Kenya and whether this recognition undermines Kenyan law in favour of English law.