NAIROBI, Kenya, Mar 18 — The Commercial Court has declined to grant temporary orders sought by former Cabinet Secretary Raphael Tuju in a fresh bid to challenge the auction of Dari Business Park and associated properties, instead ordering that the matter be expedited for priority hearing.
Delivering the ruling on Wednesday, the court noted that Tuju’s application was substantive and far-reaching, and could not be granted without giving the respondents an opportunity to be heard.
“The court is not inclined to grant the temporary orders at this stage,” the judge said, emphasizing that all parties must be accorded due process before any intervention.
The court set a strict timetable for the proceedings, giving respondents three days to file their responses, after which Tuju may submit supplementary affidavits.
Written submissions will follow, with the matter scheduled for hearing on April 7, even during court vacation, to ensure urgent resolution.
The dispute stems from lenders’ efforts to recover debts exceeding $15 million, tied to two Karen-based properties owned by Dari Limited.
No transfer
To preserve the matter pending determination, the court directed that no transfer or assignment of the property titles take place.
“The final order I give is restraining any transfer of the title, the subject of these proceedings, pending the hearing and determination of this application,” the court directed.
The matter traces back to a 2019 High Court of Justice ruling in England and Wales, which ordered repayment of the debt.
The Kenyan High Court subsequently recognized the decision, with the Court of Appeal upholding it in 2023.
Earlier attempts by Tuju to halt auctions and secure injunctions were dismissed in 2024, and the Supreme Court also declined interim relief.
Judiciary Spokesperson Paul Ndemo urged restraint in public commentary, noting that reframing previously settled claims as constitutional issues does not alter their substance and constitutes an abuse of the court process.
“The court cannot re-litigate matters that have been finally determined,” Ndemo said in a statement on Wednesday.