Judiciary warns Tuju against public remarks on ongoing legal matter

The Judiciary has issued a warning to former Cabinet Minister Raphael Tuju over public remarks he made regarding his ongoing legal battle with the East African Development Bank (EADB) over a Sh1.2 billion loan dispute.

Tuju is said to have made the remarks on Spice FM.

In the interview aired on Monday, Tuju criticized the Supreme Court's handling of the case, alleging that the five-judge bench had not been fair in its rulings.

The case revolves around a loan granted to his company, Dari Limited, and a 27-acre piece of land in Karen, Nairobi.

Tuju further claimed that crucial evidence he presented against EADB was undermined after the bank allegedly obtained confidential documents from its Kampala offices without authorization.

Judiciary Spokesperson Paul Ndemo in a statement on Thursday, cautioned Raphael Tuju, emphasizing that the case is still active before the courts and the Judicial Service Commission (JSC).

He reminded Tuju that the sub judice rule remains in effect, restricting public commentary on ongoing legal proceedings.

The sub judice rule prohibits public discussion or disclosure of ongoing court cases to prevent prejudgment, undue influence on the judiciary, or obstruction of justice.

Spokesperson Ndemo urged all parties involved to avoid using the media or social media as a platform for litigating their cases.

He also called on journalists to verify facts before reporting to prevent the spread of misinformation and disinformation.

Meanwhile, the East African Development Bank (EADB) reaffirmed that its operations adhere to legal and governance standards applicable across its four member states.

The bank emphasized that all loan facilities undergo rigorous approval processes, ensuring fairness without favoritism based on an individual’s status or institutional profile.

Tuju asserts that he secured the Sh1.2 billion loan from EADB to finance a project, with Ksh.900 million allocated for purchasing land and Sh300 million for development.

However, he accuses the bank of disbursing only Sh900 million to the land seller while withholding the remaining amount, yet still demanding repayment of the full loan.

The dispute initially unfolded in the United Kingdom, where EADB filed a case in the High Court of Justice, Business and Property Courts of England and Wales.

In June 2019, the U.K. court ruled in favor of EADB, ordering Dari Limited and its guarantors to settle the amount claimed by the bank.

Following this decision, EADB sought recognition and enforcement of the judgment in Kenya’s High Court. In January 2020, the court granted the request, officially registering the U.K. ruling as a Kenyan judgment, allowing its enforcement within the country.

Dari Limited attempted to overturn this recognition, but in February 2020, the High Court dismissed the challenge.

The company then escalated the matter to the Court of Appeals, but in April 2023, the appellate court upheld the previous rulings and rejected the appeal.

Dari Limited later took the case to the Supreme Court, challenging the rulings of the lower courts.

The company also filed a complaint with the Judicial Service Commission (JSC), alleging bias by the judges handling the matter.

Due to the seriousness of these claims, the Supreme Court bench assigned to the case recused itself from hearing the appeal. As a result, the Court of Appeal’s judgment remains in effect.

Separately, in September 2024, Dari Limited sought to halt the auction of properties tied to the dispute by filing an application in the High Court.

However, the court dismissed the request within the same month.