Judiciary Clarifies Legal Position in Raphael Tuju’s Dari Limited Case

The Judiciary has issued a detailed statement clarifying the legal context of the ongoing dispute involving former Cabinet Secretary Raphael Tuju and his company, Dari Limited, following widespread public commentary.

The statement, released on March 18, 2026, comes after the High Court delivered its ruling in Dari Limited & Raphael Tuju vs Garam Investment Auctioneers, Knight Frank Valuers Ltd & Others on March 9, 2026.

According to the Judiciary, the dispute centers on efforts by lenders to recover debts linked to two properties owned by Tuju and his company.

The plaintiffs had sought court injunctions to halt the auction and transfer of the properties, citing ongoing litigation. Interim orders were initially granted to preserve the properties, but the defendants challenged the court’s jurisdiction and sought to strike out the suit.

The statement notes that the matter has a long history, including a 2019 judgment by the High Court of Justice in England and Wales requiring repayment of over USD 15 million, recognition of that ruling by the Kenyan High Court in 2020, affirmation by the Court of Appeal in 2023, and the Supreme Court’s refusal to halt enforcement. Earlier attempts by Tuju to secure similar injunctions were dismissed in 2024.

The High Court ruled that the latest application for an injunction essentially repeated issues already conclusively decided, invoking the doctrine of res judicata.

It reaffirmed that the financial obligations, the validity of the agreements, and the lenders’ right to realize the secured properties had been fully settled.

The Court described the renewed claims, even when framed in constitutional terms, as an abuse of the judicial

Consequently, the court allowed the defendants’ applications, struck out the amended plaint, and discharged all interim orders that had previously restrained property realization.

The plaintiffs have since filed an appeal with the Court of Appeal, and the Judiciary urged restraint from public commentary that could prejudice ongoing proceedings.

Spokesperson Hon. Paul Ndemo emphasized the importance of upholding the rule of law and allowing the appellate process to run its course.

The clarification comes amid national debate over Tuju’s high-profile debt dispute, which has attracted attention due to the forceful eviction from his Karen property in March 2026 and the broader implications for property rights and debt enforcement in Kenya.

This ruling marks another significant milestone in a legal saga spanning nearly a decade, highlighting the judiciary’s role in balancing public interest, contractual obligations, and procedural.

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