By KPC Reporter
The Judiciary of Kenya has defended a recent High Court ruling in a high-profile property dispute involving former Cabinet Secretary Raphael Tuju and Dari Limited.
In the statement released Wednesday, the Judiciary said it was responding to “public interest and commentary” following the March 9, 2026 ruling in a case pitting Dari Limited and Tuju against Garam Investment Auctioneers, Knight Frank Valuers Ltd, and others.
According to the Judiciary, the dispute stems from “efforts by lenders and associated parties to realize securities over two properties… following a long-standing debt obligation.”
The plaintiffs had sought court orders to stop the auction and transfer of the properties, but their application was ultimately dismissed.
The court found that the matter had already been extensively litigated across multiple jurisdictions, including the United Kingdom and Kenyan courts.
It cited a 2019 judgment by the High Court of Justice in England and Wales requiring repayment of over $15 million, which was later recognized and upheld by Kenyan courts up to the Court of Appeal.
In its explanation, the Judiciary emphasized that the latest application by Tuju and Dari Limited was barred by the legal doctrine of res judicata.
The court ruled that the issues raised had “already been litigated and conclusively determined,” adding that reintroducing them “amounted to an abuse of the court process.”
“The validity of the underlying financial agreement, the amount owed, and the lender’s right to realize the secured properties had already been settled,” the statement noted.
The court further stated that it could not “sit on appeal over decisions of courts of concurrent or superior jurisdiction,” reinforcing the principle of finality in litigation.
As a result, the High Court struck out the plaintiffs’ amended suit, dismissed their application for injunction, and lifted all interim orders that had previously blocked the sale of the properties.
However, the matter is far from over. The Judiciary confirmed that the plaintiffs have since filed an appeal at the Court of Appeal, signaling the next phase of the legal battle.
In the meantime, the institution has called for restraint from the public and stakeholders.
It urged all parties “to exercise restraint and allow the appellate court to determine the matter without parallel discourse that may prejudice or undermine the due administration of justice.”
The statement was signed by Judiciary Spokesperson Paul Ndemo, underscoring the institution’s commitment to “transparency, accountability, and public understanding of judicial processes.”