- Raphael Tuju’s case against the East African Development Bank faced unexpected delays and confusion on Monday, March 16
- The case involves an ongoing commercial dispute with EADB over the property and possible threats of an auction
- Tuju is asking to appeal amid threats to auction his property by the regional bank
A new trend has emerged in the legal dispute involving the former minister Raphael Tujuafter the hearing of the petition he submitted against the East African Development Bank in the Court of Appeal failed to start hearing despite the previous communication that his petition would be heard.
Source: Original
Tuju told TUKO.co.ke that his lawyers were ready for an online hearing at 9am on Monday, March 16, only to be told by registration officials that the matter was not listed despite appearing on the Kenyan law enforcement official’s website.
“This matter was supposed to be heard at nine in the morning. We had an official communication from the court that it would continue to be heard, but the people in the registry office said that it is not on the list of reasons. They told us that they will inform us, while I have problems wanting to auction my property. More than 60 police officers are in my buildings. All this is amazing,” Tuju said.
However, when asked by the court department, the Communications Directorate insisted that the case will be heard on Monday, April 13.
However, Tuju maintains that his legal team was not informed about the new dates.
In the application, Tuju, along with his three children, Dari Ltd and SAM Company Limited, are asking the appeals court to issue a stay on the implementation of the decision and order issued by Judge Wilfrida Okwany on January 7, 2020.
They are seeking a stay, pending the hearing and determination of the intended appeal against the subsequent decision delivered by Justice Josephine Mong’are on November 7, 2025, in Supreme Court Commercial Case No. 1 of 2020.
The motion is directed against the East African Development Bank (EADB), which is mentioned in the suit as the ongoing credit provider in the commercial case.
Tuju and his children argue that allowing the implementation of the High Court’s orders before their appeal is heard would cause great prejudice and may render the appeal ineffective.
“That I am further advised by my lawyer on record, whose advice I certainly believe to be true, that if the orders are not issued as requested, the intended appeal will be issued if the Respondents proceed and issue an Order on the now registered judgment of the High Court of Kenya”, he said.
In the affidavit, Tuju raised concerns about the legal immunity available to EAD Bank under Section 44 of its founder’s Act, saying that recovering any money paid to satisfy the judgment may be difficult even if the appeal is successful.
“That I am aware that with the respondent’s status as a regional development bank, if the applicants succeed in appealing, they will not be able to recover any money paid in satisfaction with the Judgment at all or without great difficulty, considering the immunity that the Respondent has, in accordance with Section 44 of the East African Development Bank Act, section 493A”
He also told the court that allowing the execution of the sentence while the appeal is pending will cause irreparable harm to the applicants, while the bank does not have any prejudice because it already has security that exceeds the set level.
The confusion now casts doubt on Tuju’s attempt to challenge a High Court ruling that allowed the auctioneers to proceed with his eviction from his disputed Karen properties, Dari Park Business Park and Entim Sidai
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Source: TUKO.co.ke
