Tuju's Drastic Move to Save Property in Ksh1.6 Billion Case

by Michael Musyoka on Tuesday, 22 September 2020 - 7:54 am

Jubilee Party Secretary-General Raphael Tuju addresses journalists at Jubilee Headquarters, Thika Road in 2019

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Jubilee Secretary-general Raphael Tuju's fight to save his Ksh1.6 Billion property took a turn when the politician sought to have the judge hearing the case recuse herself.

Tuju, in a petition to the Judicial Service Commission (JSC), asked for the sacking of High Court judge Mary Kasango over the case.

Tuju's lawyers, Paul Muite and Paul Nyamodi, accused the Judge of bias in the case against regional lender East African Development Bank (EADB).

Senior Counsel Paul Muite during a previous court proceeding.

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"The judge seems to have somehow acquired a personal stake in the matter and is determined to ensure that we do not have our day in court," he argued.

The bank had filed a suit seeking to have a company owned by Tuju placed under receivership and allow receiver managers to take over the property. Tuju however, appealed the decision.

“Throughout the proceedings in this matter, the judge has exhibited favouritism towards EADB and bias against Dari Ltd and its directors. This is evidence from the judge’s failure to act judiciously in matters that prejudice Dari Ltd and its directors," he explained.

In his petition, Tuju faulted the way the judge hurried a hearing seeking to find the politician and his children in contempt.

He added that the judge, granted receivers access to his company and heard the contempt of court proceedings without granting him and his children an opportunity to be heard.

Earlier in June 16, another High Court Judge, Grace Nzioka recused herself from a case, stating, "In light of the ruling I delivered on this matter I am finding it personally unable to continue hearing this matter, and if I did not have clarity in my ruling.

"I am now taking this liberty to personally (without being moved by any party) to recuse myself from hearing this matter,” Justice Nzioka ruled.

Tuju later deposited Ksh50 million in court to halt the auction of his property in Karen after being given an ultimatum to save his Ksh1.8 billion property from being placed under receivership.

The case stems from a loan of Ksh933 million that Dari Limited (Tuju's company) had secured from EADB which later accrued an interest exceeding Ksh600 million.