The Court Allowed Tuju to Appeal as the Auction of His Luxury Properties Karen Approaches

Former minister Raphael Tuju and Dari Limited win permission to appeal the High Court decision that approved the auction of his Karen properties in a debt recovery case
Judge Wayua Mongare confirmed the urgent application, with the case expected to be mentioned before the Business and Taxation Division on March 17
Tuju’s legal team argues that without a contract termination, the auctioneers could continue with the sale, undermining their intended appeal in the long-term financial crisis.

Former minister Raphael Tuju has found relief after the High Court in Nairobi allowed him and Dari Limited to file an appeal against a recent decision in a multi-billion shilling debt case that allowed the auction of his two luxury properties in Karen.

Former minister Raphael Tuju communicating with police officers in one of his properties. Photo: Raphael Tuju.
Source: Facebook

Judge Wayua Mongare upheld Tuju’s urgent application and granted the petitioners leave to appeal the decision handed down in March before the chief judge of the Commercial Court.

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Mongare directed that the petition be presented and mentioned before the chief judge of the Commerce and Taxation Division on March 17 for further directions.

The case is between Dari Limited and Tuju against Garam Investment Auctioneers and Knight Frank Valuers.

Dari Limited, a company associated with Tuju, through lawyer Grado Victor Mabachi, returned to Judge Mongare’s court to seek judicial intervention.

In a new petition filed under the emergency certificate, Tuju sought permission to challenge the March 9 decision, which approved the auction of his Karen and Ngong Road properties, and to stay its execution pending appeal.

Mabachi told Justice Mongare that unless the court intervened immediately, the auctioneers could proceed with the sale of the contested properties, rendering their appeal futile.

“This Honorable Court issued its decision on March 9, 2026 and dismissed the amended complaint. Unless the stay orders are issued, the defendants may proceed with actions that will render the intended appeal null and void,” he submitted.

Tuju’s legal team is seeking orders to stay the execution of the ruling that dismissed their case and pave the way for creditors and auctioneers to recover debts related to the Karen-based Dari Business Park.

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The assets at the center of the crisis have been linked to a long-running financial battle involving several parties, including lenders and financial institutions.

Among the defendants named in the case are Knight Frank Valuers Limited, Development Bank of East Africa, Bank of Africa, and auctioneer Joseph Mungai Gikonyo, who do business as Auctioneers of Garam Investment.

The petitioners insist that the court should grant temporary protection while they pursue an appeal against the decision that dismissed their amended case.

According to court documents, Mabachi, on behalf of his clients, insists that the matter raises serious legal questions worthy of consideration by the appeals court.

He said that failure to stay the decision could lead to irreversible consequences, especially if the properties are sold before the appeal is heard.

“The application is very urgent and should be presented before the Duty Judge as soon as possible,” the urgent certificate submitted to the court reads, he said.

The crisis stems from the multi-billion shillings debt recovery process involving assets used as collateral for loans given to entities related to Tuju.

Earlier this week, the High Court dismissed a case filed by Dari Limited seeking to block the sale of the properties. In that decision, the court dismissed the amended claims, allowing the lenders and auctioneers to continue recovery efforts.