Legal Battle Continues for Former Cabinet Secretary Raphael Tuju
Former Cabinet Secretary Raphael Tuju has faced another setback in his ongoing legal battle with the East African Development Bank (EADB) over a KSh1.2 billion loan dispute. His attempt to reopen a UK judgment was rejected by the court, which ruled that the application was barred by legal doctrines and lacked merit despite claims of new evidence.
The case, Dari Limited & 5 Others, involved an application by Tuju’s company, Dari Limited, to review court orders issued on January 7, 2020, which recognized and registered a judgment from the High Court of Justice, Business and Property Courts of England and Wales. On November 7, Justice Josephine Mongare dismissed the application, citing legal principles such as sub judice and res judicata as barriers to reconsidering the case.
Tuju argued that the ruling overlooked recanted testimony from EADB’s former Kenya Country Manager, David Odongo. According to him, this testimony could have significantly altered the outcome of the case. In a statement, he expressed disappointment with the ruling, stating that it did not fully reflect the reality of the events and the relationship between the parties.
Reasons Behind the Court’s Decision
Justice Mongare ruled that the application was without merit and statutorily misplaced. She emphasized that the evidence presented was neither new nor capable of altering the outcome of the court’s previous ruling. The court also noted that the application was barred by res judicata, meaning the matter had already been decided, and res sub judice, indicating that the case was still under consideration in another jurisdiction.
Despite the rejection, Tuju and Dari Limited remain committed to pursuing justice. They have obtained a 30-day stay of execution to evaluate further legal options in the ongoing multi-jurisdictional dispute. This temporary reprieve allows them time to assess their next steps while maintaining the status quo.
Commitment to Justice and Acknowledgment of Judicial Independence
In his statement, Tuju acknowledged the importance of an independent judiciary in a functioning democracy. He expressed gratitude to the court for allowing his company to exercise its constitutional right to be heard. While he disagreed with the verdict, he emphasized his commitment to seeking a just resolution through legal channels.
Tuju also extended appreciation to Dari’s partners, clients, and stakeholders, highlighting their continued support during the prolonged legal battle. He reiterated his hope for a fair and final determination of the dispute with EADB in various jurisdictions.
Background of the Legal Dispute
Tuju has been involved in a protracted legal battle with the regional lender over a contested KSh4.5 billion loan borrowed by his company, Dari Ltd, in 2015. The dispute has spanned multiple jurisdictions, reflecting the complexity and significance of the case.
As the legal proceedings continue, all parties involved are expected to explore further avenues to resolve the matter. The outcome of this case may have broader implications for similar disputes involving international judgments and cross-border legal challenges.
