The Judiciary has responded after former Cabinet Secretary Raphael Tuju expressed concerns over the conduct of Supreme Court judges.
In a statement on Thursday, March 27, Judiciary Spokesperson Paul Ndemo said the Judiciary has taken note of Tuju’s recent media interviews and public statements regarding court cases involving Dari Limited.
Ndemo pointed out that the matter between Dari Limited and the East African Development Bank (EADB) has been the subject of litigation in multiple courts and jurisdictions.
He said that a UK court in 2019 delivered a judgment in favor of EADB, ordering Dari Limited and its guarantors to pay money claimed by the EADB.
Following this judgment, EADB applied to the High Court in Kenya for recognition and enforcement of the UK judgment.
Read More
“On 7th January 2020, the High Court granted the application, recognizing and registering the UK judgment as a Kenyan judgment, thereby enabling its enforcement in Kenya. Subsequent efforts by Dari Limited to set aside this recognition were dismissed by the High Court on 13th February 2020,” read the Judiciary statement in part.
Ndemo noted that Dari Limited appealed the decision in the Court of Appeal but it was dismissed. The company then moved to the Supreme Court seeking to challenge the decisions of the lower courts with respect to the adoption of the UK judgment.
The Judiciary Spokesperson also disclosed that Dari Limited lodged a complaint with the Judicial Service Commission (JSC), alleging bias on the part of the Supreme Court bench hearing the matter and the judges recused themselves from the case.
“During the pendency of the appeal at the Supreme Court, Dari Limited lodged a complaint with the Judicial Service Commission (JSC), alleging bias on the part of the bench hearing the matter. In light of the seriousness of the allegations, the bench of the Supreme Court recused itself from hearing the appeal. As a result, the judgment of the Court of Appeal remains in force,” Ndemo stated.
Further Ndemo said, that Dari filed an application in the High Court in September 2024 seeking to stop the auction of multi-million properties subject to the dispute but the application was dismissed.
He explained that the cases between Dari Limited and EADB are still active in court, and the issues should be left for judicial determination.
“In accordance with the sub judice rule, which upholds the rule of law and the due administration of justice, these issues should be left for judicial determination and resolution by the JSC,” Ndemo added.
Further, he urged Tuju to refrain from litigating the cases through the media or on social media platforms.
The statement comes days after Tuju wrote to Chief Justice Martha Koome and took issue with sentiments made by some of the judges regarding petitions seeking their removal from the bench.
The former CS also raised an issue regarding a court case involving his property which has been at the center of an auction.
"When the panel of 5 SCoK judges saw things go south as affidavits before them were recanted, they did something rather 'clever.' The 5 judges recused themselves. An action with no precedent in the Commonwealth Jurisprudence.
"They needed not to recuse themselves. The case before them had collapsed because the affidavit before them had been recanted. Hence their “clever” move to recuse themselves,” Tuju stated.
