- The High Court in Nairobi has given relief to Raphael Tuju by issuing an order to prevent the taking of his Dari property through auction
- Tuju claims the auction was illegal, while Jackson Chebet insists that his company, Ultra Eureka Limited, bought the property legally for 450 million shillings
- The case now brings Tuju and Chebet to court, where the court will decide whether the sale will continue or be canceled
Former Kenyan Foreign Minister, Raphael Tujuhas obtained relief from the High Court in Nairobi after issuing an order to prevent the taking of his property through auction.
Tuju has been fighting fiercely against the brokers who were sent to sell the property after allegedly failing to pay the loan he was owed by the East African Development Bank Bank (EADB).
The High Court issued an order prohibiting any change of ownership or transfer of property related to Dari Business Park until his case is heard and decided.
How did the Nairobi court help Raphael Tuju?
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Court orders preserve the status quo regarding the disputed property, ensuring no transactions or activities will take place until the case is fully heard.
Tuju went to court seeking to stop any transfer of the property, saying that his application raises important issues that need to be decided.
His lawyer, Paul Nyamodi, quoted Judge Moses Ado’s order which preserved the status quo until the case is heard.
The property dispute stems from a multi-million shillings loan that Tuju received in 2015 from EADB, which has fueled a lengthy legal battle.
In 2019, the High Court in London ordered Tuju to pay the debt, a decision later confirmed by Kenyan courts, including the High Court and the Court of Appeal, which refused to stay the enforcement.
At the center of the dispute are valuable properties in the Karen area, including Entim Sidai Wellness Sanctuary, Tamarind Karen, and Dari Business Park, which creditors have been trying to take over.
On March 9, Judge Josephine Mongare allowed the confiscation of the property, dismissing Tuju’s attempt to reopen the case as an abuse of court process aimed at delaying enforcement.
However, Tuju and his company, Dari Limited, have been given the chance to challenge the decision, with the court asking them to submit an appeal for further instructions.
Who bought Raphael Tuju’s property?
At the same time, the businessman who bought the property came forward and insisted that he bought Dari Business Park legally.
It is alleged that businessman Jackson Chebet bought Raphael Tuju’s property through his company. Photo: Jackson Chebet. Source: UGC.
The property was auctioned in October 2024 for 450 million shillings to Ultra Eureka Limited, and Chebet claims that he is the rightful owner.
Jackson Chebet insists that his company legally bought the property through a public auction in October 2024, so he is the new owner.
He denied Tuju’s claim regarding the ownership of the property, calling it fictitious.
In his detailed affidavit, Chebet insisted that Ultra Eureka Limited followed all procedures and that the process was legal.
He said his company bought the property in good faith without being aware of any alleged defects.
Chebet also explained that Dari Business Park, which is home to Tamarind, has been secured by KCB and now he is in charge of the property.
The case filed under HCCOMSU No. E636 of 2024 challenges the process that led to the transfer of the property.
Why does Jackson Chebet want the auction of Tuju’s property to be legalized?
Tuju expressed concern about the legality and transparency of the auction, naming several respondents including the East African Development Bank, land officials and auction brokers.
Chebet is asking the court to dismiss Tuju’s request to stop the sale and approve the auction, saying that accepting the request will undermine the credibility of public auctions and disrupt the real estate market.
Chebet, who has largely stayed out of the public eye, also claimed that he was trying to expropriate his property with the help of Lavington’s bodyguards. Securityhe encountered 50 armed men allegedly brought by Tuju in Dari, who prevented him from taking possession of the property.
He said the representative of his company asked for the help of the police who restored order.
He also denied allegations of fraud or conspiracy, calling them baseless and without evidence.
He said canceling the sale would adversely affect his company which, according to him, did everything in good faith in the process.
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Source: TUKO.co.ke
