Editor's Review

Governor Nyong'o wondered why uniformed police would raid a property late into the night.

Kisumu governor Anyang Nyong'o has weighed in on the tribulations faced by one-time Foreign Affairs minister Raphael Tuju.

Tuju has, in recent days, been fighting off auctioneers seeking to sell his prime properties in Karen after the High Court in Nairobi okayed the auction. 

On the dawn of Saturday, March 14, police officers raided one of his properties, where Tuju camped and put up a spirited fight against them. 

The involvement of the police and timing raised eyebrows, with some quarters reading mischief and malice.

In a statement on Sunday, March 15, Nyong'o expressed concern about the misuse of state instruments in the enforcement of the law.

"It is deeply concerning when institutions mandated to safeguard those rights appear to act in ways that undermine the very principles they were created to defend," he said.

The county boss questioned the essence of the powers that be deploying uniformed police officers to Tuju's premises, and late into the night, suggesting the motive was malicious.

He wondered why the matter would take such a dramatic turn when there are viable and lawful mechanisms for handling the matter.

"The use of uniformed police officers whose primary duty is to maintain law and order to facilitate actions that seemingly bypass established legal processes is troubling. Debt recovery and commercial disputes are clearly addressed within the framework of civil law, and such matters ought to be handled transparently and through lawful procedures," Nyong'o said.

Kisumu governor Anyang' Nyong'o.

"The resort to nocturnal operations and coercive displays of state power in matters of a civil nature invites legitimate public concern. One must ask: under what legal provision are such actions justified?" he further posed.

He was angered by the law enforcers' misuse of their positions and treating Tuju like a five-star criminal, and disregarding his status as a former senior government official. 

Nyong'o cautioned the holders of power against harassing civilians who are more than ready to abide by the law and cooperate.

"Tuju is a former senior public servant who has served this country at the highest levels of leadership. Whatever the merits of the commercial dispute at hand, he is neither a fugitive nor a criminal deserving of treatment that subjects him to humiliation or unnecessary public embarrassment," he said.

The dispute stems from a multi‑billion shilling loan secured in 2015 from the East African Development Bank, which has since become the centre of a prolonged courtroom battle.

In 2019, the High Court in London ruled that Tuju must settle the debt, a verdict later reinforced by Kenyan judges at both the High Court and Court of Appeal, who declined to halt enforcement.

At the heart of the conflict are prime Karen properties, among them Entim Sidai Wellness Sanctuary, Tamarind Karen, and the Dari Business Park, which lenders have moved to seize.

Justice Josephine Mongare eventually authorised the takeover, rejecting Tuju’s bid to reopen the matter and describing his attempt as an abuse of the judicial process meant to stall enforcement.

Even so, Tuju and his company, Dari Limited, have been granted permission to challenge the ruling, with the court instructing them to lodge an appeal that will be mentioned next Tuesday, March 17, for further directions.