Reprive to Tuju as court blocks transfer of disputed Karen property
High Court has granted a temporary reprieve to former Cabinet Secretary Raphael Tuju and his co-applicants after blocking any transfer or assignment of a disputed property in Karen
The High Court has granted a temporary reprieve to former Cabinet Secretary Raphael Tuju and his co-applicants after blocking any transfer or assignment of a disputed property in Karen linked to Dari Limited.
In a ruling delivered on Wednesday, the judge declined to issue far-reaching interim orders sought by the applicants but issued a preservatory directive restraining any dealings with the title pending the hearing and determination of the application.
“I give an order restraining any transfer or assignment of the title pending the hearing and determination of this application,” he ruled.
The case pits Tuju and his family members against several respondents, including East African Development Bank (EADB), Knight Frank valuers limited, Ultra Eureka limited, among others, over a dispute tied to the receivership of Dari Limited and an alleged multi-billion-shilling debt.
Tuju had moved to court under a certificate of urgency seeking temporary relief, including orders affecting actions already taken or anticipated by the respondents.
However, the court held that the nature of the orders sought was substantive and could not be granted without first hearing all parties involved.
“The court is not inclined to grant temporary orders at this stage, the same having been sought without affording the respondents an opportunity to be heard,” the judge observed, declining to grant the interim relief at this stage.
Instead, the court opted to fast-track the matter, directing an expedited hearing to ensure all parties are heard within tight timelines.
Under the directions issued, the parties were given strict timelines to file and respond before a final highlighting of submissions.
Despite declining the interim orders, the judge issued a preservatory order barring any transfer or assignment of the title at the centre of the dispute.
The directive effectively freezes any intended transactions involving the property until the court determines the application.
A hearing date was set on April 7, 2026.
Lawyers representing the parties subsequently agreed to highlight their submissions on April 7, 2026, a date confirmed by the court.
Although the date falls within the court vacation period, the judge indicated the court would sit specifically to hear the matter.
At the heart of the case is the question of whether the processes undertaken in relation to the company’s assets, including the handling of its property, were lawful and procedurally sound.
Tuju had moved the High Court under a notice of motion seeking to halt what he described as unlawful interference with the disputed property.
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In the application, Tuju sought orders to stop the defendants from taking possession or dealing with the property, and to preserve the status quo pending determination of the dispute.
He also sought to challenge the legality of the public auction and subsequent transfer, arguing that his proprietary interests remained intact despite the contested sale process.
One of the companies enjoined in the suit, Ultra Eureka Limited, opposed the application, terming it misconceived and lacking merit.
Through a replying affidavit, the firm maintained that it is the lawful owner of the disputed property, having acquired it through a public auction conducted by East African Development Bank.
The company argued that the issues raised had already been determined and were therefore res judicata (already determined by a competent court), adding that the court could not grant orders that would effectively reinstate earlier injunctions.
It further contended that any remedy available to Raphael Tuju lies in damages if the superior court were to determine that the public auction conducted on October 1, 2024, was irregular.
With the preservatory orders now in place and timelines set, the focus shifts to the upcoming hearing, where the court will determine whether further reliefs sought by Tuju and his co-applicants are warranted.
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