- Former Cabinet secretary Raphael Tuju lost a bid to reopen a UK judgment in a KSh1.2 billion loan dispute with EADB
- Justice Josephine Mongare ruled the application was barred by legal doctrines and lacked merit despite claims of new evidence
- Tuju argued the ruling overlooked recanted testimony from EADB’s former Kenya Country Manager but remained committed to pursuing justice
- His company secured a 30-day stay of execution while evaluating further legal options in the ongoing multi-jurisdictional dispute
Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Former Cabinet secretary Raphael Tuju has reacted following a decision where he lost a bid to reopen a battle over the authenticity of a United Kingdom judgment in a KSh1.2b loan row with the East African Development Bank.
Source: UGC
In a statement, the director of Dari Limited said he was “disappointed with the ruling,” arguing that it “does not fully reflect the reality of the chain of events and the relationship between the parties as borne out by the new evidence.”
What did court decide in Dari Limited case?
On Friday, November 7, Justice Josephine Mongare issued a ruling in Dari Limited & 5 Others, where she rejected an attempt by Tuju ‘s company Dari to review court orders issued on January 7, 2020, which recognised and registered a judgment from the High Court of Justice, Business and Property Courts of England and Wales.
According to Tuju, his application was based on what the company termed as newly discovered evidence arising from the testimony of EADB’s former Kenya Country Manager, David Odongo.
“Our application was anchored on the discovery of new facts and evidence emanating from the testimony by the Bank’s former Kenya Country Manager, namely Mr David Odongo, in which he completely recanted his earlier affidavits and evidence.
In summary, the court dismissed the application, citing the legal doctrines of sub judice and res judicata as a bar to its ability to consider the totality of the evidence before it,” his statement reads in part.
Why did the court dismiss Tuju’s application?
Justice Mongare, while dismissing the case, said the application was without merit, was statutorily misplaced, without merit.
“It is statutorily misplaced, barred by res judicata, res sub judice, and founded on evidence that is neither new nor capable of altering the outcome of this court’s ruling,” she ruled.
Despite the setback, Tuju and Dari Limited said it remains committed to pursuing justice and has obtained a 30-day stay of execution to allow time to evaluate its legal options.
“We, however, remain committed to seeing that justice in this matter prevails. As such, we have sought and been granted a thirty (30) day stay of execution of the Ruling as we evaluate all of our options. Therefore, in the interim, the status quo remains,” his statement added.
Source: UGC
While he insisted that he disagreed with the verdict, Tuju acknowledged the importance of an independent judiciary.
“We recognise the critical role an operational and independent judiciary plays in a functioning democracy, and we thank the court for allowing us to exercise our constitutional right to be heard,” he stated.
The former Rarieda MP also extended appreciation to Dari’s partners, clients, and stakeholders, adding that he was hoping for a just determination in the dispute with the regional bank.
“We wish to express our appreciation of all our partners, clients and stakeholders who continue to stand by us as we pursue a just and final determination of the dispute between ourselves and EADB in various jurisdictions for their continued support as the company seeks a fair and final determination of the dispute with EADB in various jurisdictions,” Tuju stated.
Tuji has been embroiled in a protracted legal battle with the regional lender in a contested KSh 4.5 billion loan borrowed by his company, Dari Ltd, in 2015.
Why top lands official got in trouble over Tuju’s property
Elsewhere, a senior official at the Ministry of Lands came under scrutiny for allegedly transferring prime land belonging to Tuju despite an active court order barring any sale or transfer.
The land, part of the Dari Business Park in Karen, Nairobi, is valued at over KSh 450 million.
Senator Okiya Omtatah, involved in the appeal, asked the court to allow fresh evidence alleging dereliction of duty and contempt by the land official.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
