Judiciary breaks silence on Raphael Tuju’s property saga
Judiciary has defended the High Court ruling in the case between former Cabinet Secretary Raphael Tuju and auctioneers over a prime property in Karen
The Judiciary has defended the High Court ruling in the case between former Cabinet Secretary Raphael Tuju and auctioneers over a prime property in Karen.
In a statement dated Wednesday, March 18, Judiciary Spokesperson Paul Ndemo clarified the context and legal issues in the matter amid rising public interest and commentary.
Ndemo revealed that the case was filed as Dari Limited & Raphael Tuju vs Garam Investment Auctioneers, Knight Frank Valuers Ltd & Others under case number (HCCOMM/E636/2024).
He explained that the High Court declined to issue orders to stop the recovery of the property by the defendants because Tuju’s application was based on matters that had already been decided on by other courts.
“Upon consideration of the pleadings, affidavits, and submissions, the Court found that the dispute has a protracted litigation history spanning multiple jurisdictions and levels of courts.
“Against this background, the Court held that the Plaintiffs’ application for injunction reproduced, in substance and effect, issues that had already been litigated and conclusively determined,” Ndemo explained.
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These include the final judgment issued by the High Court of Justice in England and Wales in 2019, requiring repayment of over USD 15 million under a financing agreement, and recognition and enforcement of that judgment by the Kenyan High Court in 2020.
Ndemo explained that there was also an affirmation by the Court of Appeal in 2023, and the Supreme Court’s refusal to grant interim relief to halt enforcement.
The Court further noted that earlier attempts by the Plaintiffs to obtain similar injunctive relief had already been considered and dismissed by the High Court in 2024
Ndemo explained that the High Court further found that the reintroduction of substantially similar claims, albeit framed in constitutional terms, amounted to an attempt to re-open concluded matters and thus constituted an abuse of the court process.
The Judiciary expounded that the Court also reiterated that it cannot sit on appeal over decisions of courts of concurrent or superior jurisdiction, nor can it re-litigate matters that have been finally determined.
Ndemo noted that Tuju and Dari Limited have appealed to the Court of Appeal.
He urged all parties to exercise restraint and allow the appellate court to determine the matter without parallel discourse that may prejudice or undermine the due administration of justice.
The Judicairy Spokesperson explained that the move was to safeguard the integrity of the ongoing judicial process and uphold the rule of law.
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