The Judiciary has issued a stern warning to former Cabinet minister Raphael Tuju over his public remarks regarding his ongoing legal battle with the East African Development Bank (EADB) over a Ksh.1.2 billion loan dispute.
Tuju, in a recent interview with Spice FM, alleged unfair treatment by the five Supreme Court judges handling the dispute involving his company, Dari Limited. The case also concerns a 27-acre parcel of land in Nairobi’s Karen area. He claimed that the bank illegally obtained confidential documents from its Kampala offices to undermine his defence.
In response, Judiciary Spokesperson Paul Ndemo cautioned Tuju against making public statements on a matter still before the courts and the Judicial Service Commission (JSC), citing the sub judice rule. This rule prohibits public discussions that could influence court proceedings or obstruct justice.
“We urge all parties to refrain from litigating their cases through the media or social media platforms. We also call on the media to verify facts before reporting on such matters to avoid contributing to misinformation or disinformation,” Ndemo stated.
EADB, on its part, asserted that all its loan processes are lawful and in line with governance principles. The bank declined to comment further on the case but expressed confidence in the facts it has presented in court.
Background of the Dispute
Tuju secured the Ksh.1.2 billion loan from EADB for a real estate project, with Ksh.900 million intended for purchasing land and Ksh.300 million for development. However, he alleges that the bank only disbursed the Ksh.900 million while demanding repayment for the full amount.
The case first emerged in the UK courts when EADB sought legal recourse at the High Court of Justice, Business and Property Courts of England and Wales. In June 2019, the court ruled in favor of EADB, ordering Dari Limited and its guarantors to settle the debt.
EADB then applied for the UK judgment to be recognized and enforced in Kenya. The Kenyan High Court granted this request in January 2020, and subsequent attempts by Dari Limited to challenge the ruling were dismissed in February 2020.
As the legal battle continues, the Judiciary has emphasized the importance of respecting court processes and refraining from public discussions that could undermine justice.
