Tag: Raphael Tuju

  • Not Abducted! Tuju Resurfaces After Disappearance, Speaks of Harrowing Experience That Forced Him Into Hiding

    Not Abducted! Tuju Resurfaces After Disappearance, Speaks of Harrowing Experience That Forced Him Into Hiding

    Former Cabinet Secretary Raphael Tuju resurfaced Monday afternoon, ending nearly two days of mounting national anxiety over his whereabouts and putting to rest fears, voiced even by senior politicians, that he had been abducted.

    Appearing live on Citizen TV at lunchtime, Tuju disclosed that he had spent the intervening period in hiding after he noticed a vehicle with no number plates pursuing him through the streets of Karen on Saturday evening.

    Tuju said he had been driving when he became aware of the tail. Using his familiarity with the Karen road network, he executed a sharp turn into Nandi Road, shook off his pursuers and then abandoned his vehicle before going to ground.

    “Fortunately, I know Karen well. I branched into Nandi Road. That is how I lost them,” he said at a press conference flanked by opposition leaders including Wiper Democratic Movement leader Kalonzo Musyoka, DAP-K leader Eugene Wamalwa and former National Assembly Speaker Justin Muturi.

    His driver Steve Mwanga, who had also been reported missing and was present at the briefing, said he was too shaken to recount in detail what had transpired. “Mheshimiwa was the one driving. I am traumatised. I do not want to describe what happened. It is a very bad state we are in,” Mwanga said.

    Tuju thanked a family in Kiambu County for sheltering him through the ordeal, though he declined to name them. He explained why he had chosen not to seek police protection, invoking the recent deaths and ordeals of other public figures.

    “I consider myself blessed. I know Cyrus Jirongo died. I know Albert Ojwang was killed. Gaitho was abducted at Karen Police Station where he sought safety,” he said, his remarks drawing an uncomfortable parallel between the institution tasked with his protection and the very source of the danger he feared.

    Surveillance Report Filed Days Before Disappearance

    The sequence of events that led to Tuju’s two-night disappearance stretched back to the Friday before he vanished. On Saturday, March 21, he walked into Karen Police Station and filed a report, recorded as OB 21/21/03/2026, stating that he had the previous day been trailed by a white Toyota Land Cruiser 70 Series with no number plates. He told officers he felt he was under surveillance.

    That same Saturday evening, the former CS was due on air at Ramogi FM for a scheduled interview at 7pm. He never arrived. His phone went dark. His son Mano Tuju received a call from the Officer Commanding Station at Karen Police Station the following Sunday morning, while at church, informing him that his father’s vehicle had been found abandoned on Miotoni Lane, hazard lights still blinking, keys nowhere in sight. A missing person report was subsequently filed as OB 17/22/03/2026.

    The Directorate of Criminal Investigations deployed a specialised team and began forensic processing of the abandoned vehicle.

    However, investigators said they were denied entry to Tuju’s Mwitu Drive residence by family members and called for full cooperation. Tuju’s lawyer Paul Nyamondi confirmed the missing persons report had been filed and noted that the non-appearance at a scheduled radio interview was out of character for his client.

    The news of Tuju’s disappearance triggered a cascade of alarm across Kenya’s political class and the wider public. Siaya Governor James Orengo told a church congregation in Narok on Sunday that Tuju had been kidnapped. “Nataka niwajulishe, ndugu yetu Tuju ametekwa nyara,” Orengo said, urging Kenyans to pray. University of Nairobi students took to Uhuru Highway, University Way and Lower State House Road, burning tyres and clashing with police in protests that demanded answers.

    ODM leaders convened a chorus of concern. Senator Oburu Oginga, speaking at his installation as a Luo elder in Bondo, Siaya, described the incident as deeply unsettling and warned that a slow official response would tarnish Kenya’s reputation internationally. Rarieda MP Otiende Amolo called on police to do everything in their power to locate Tuju. Nyando MP Jared Okelo went further, appealing to Oburu to lobby President William Ruto personally to direct the DCI to act. “The President has the power to bring Mr Tuju back to us alive,” Okelo said.

    Suba South MP Caroli Omondi offered a different framing, suggesting the incident may be rooted in commercial conflicts rather than political persecution. “Commercial disputes should not be resolved unlawfully. The people after Tuju’s property are the same people after Miwani and Koguta land in Kisumu,” he said. Former Cabinet Secretary and presidential hopeful Eliud Owalo invoked the constitutional duty of the state, urging the National Police Service to act with urgency and keep the family informed.

    Property Battle That Preceded the Disappearance

    Tuju’s disappearance did not occur in a vacuum. It came at the tail end of an escalating confrontation over his Karen real estate portfolio, including Entim Sidai Wellness Sanctuary, Tamarind Karen and Dari Business Park, all tied to a debt dispute with the Eastern and Southern African Trade and Development Bank (TDB, formerly EADB) estimated at more than $15 million. On March 13, Tuju alleged that over 100 armed police officers, some in balaclavas and driving vehicles with covered number plates, raided Dari Business Park in the early hours without a court order and stationed themselves on the premises for days.

    On March 18, the Commercial Court declined to grant Tuju temporary orders stopping the auction of the contested properties, with Justice Moses Ado ruling that respondents had to be heard first and scheduling the matter for April 7.

    Just three days before his disappearance, Tuju wrote an open letter to Inspector General of Police Douglas Kanja, seeking protection and citing what he described as sustained pressure linked to his property and personal safety.

    With Tuju’s reappearance, attention now shifts from his whereabouts to the identity and intent of those who trailed him through Karen’s leafy streets on a Saturday evening.

    The DCI’s forensic examination of the abandoned vehicle is ongoing, while the former Cabinet Secretary’s legal battles over some of Nairobi’s most valuable real estate remain unresolved.

  • DCI Blocked From Tuju Residence Amid Disappearance Probe

    DCI Blocked From Tuju Residence Amid Disappearance Probe

    NAIROBI, Kenya, Mar 23 — Family members denied detectives investigating the disappearance of former Cabinet Secretary Raphael Tuju access to his residence, the Directorate of Criminal Investigations (DCI) said Suunday night, as efforts to trace his whereabouts continue.

    In a statement, the DCI said Tuju was reported missing by his family on Sunday at Karen Police Station after his vehicle was discovered abandoned in Nairobi’s Karen suburb.

    Police said the car was found along Miotoni Lane with its hazard lights on after a security guard from a nearby institution alerted authorities.

    Officers from Karen Police Station responded to the scene, and crime scene investigators later processed the area before towing the vehicle to the station for forensic examination.

    However, the DCI said investigators attempting to access Tuju’s residence along Mwitu Drive were denied entry by family members.

    “While progress is being made, the DCI notes that an attempt by investigators to access Mr Tuju’s residence along Mwitu Drive was denied by the family,” the agency said.

    “We urge full cooperation from all parties, including unrestricted access to relevant locations and prompt provision of information, for a swift and thorough resolution.”

    The DCI added that a specialised investigative team has been deployed and is working with other government agencies to trace Tuju.

    Appeal for information

    Authorities also appealed to members of the public with information about his whereabouts—or who may have witnessed suspicious activity in the Miotoni Lane area before, on or after March 21—to come forward.

    Earlier Sunday, Siaya Governor James Orengo said Tuju had gone missing under unclear circumstances following the discovery of his abandoned vehicle in Karen.

    Speaking during a church service in Narok, Orengo suggested the former minister may have been kidnapped and urged Kenyans to pray for him.

    Lawyer and legislator Otiende Amollo said Tuju’s legal team was working to establish his whereabouts while pressing authorities for answers.

    Tuju’s reported disappearance comes amid a prolonged legal dispute over the ownership and planned auction of Dari Business Park in Karen.

    On March 18, the Commercial Court declined to grant temporary orders sought by Tuju to block the auction of the property and related assets.

    Justice Moses Ado ruled that the application could not be granted without allowing the respondents to be heard and directed that the matter be heard on a priority basis.

    The dispute involves lenders seeking to recover debts totaling more than $15 million linked to properties owned by Tuju’s company, Dari Limited.

    Authorities have not commented on Tuju’s earlier claims that powerful government figures were pressuring him to vacate the Karen property after he declined an offer to sell it.

  • How EADB Threw Tuju Under The Bus

    How EADB Threw Tuju Under The Bus

    It was barely past two in the morning when the vehicles arrived. More than fifty officers, some in police uniform, others in balaclavas and arriving in unmarked vehicles, pushed through the gates of Dari Business Park on Ngong Road in Karen and sealed every entrance. Staff at the adjacent Tamarind Restaurant, who had done nothing wrong in their lives, were bundled out into the cold.

    Raphael Tuju, roused from sleep at his nearby residence, walked out to find a small army in possession of everything he had spent three decades building.

    They produced no court orders. They offered no explanation. They simply occupied. And behind that occupation, if you follow the trail of money and litigation far enough back, you find the East African Development Bank.

    The scenes that played out in the early hours of Saturday, March 14, 2026, brought an otherwise dry banking dispute crashing into public consciousness.

    Kenyans watched their television screens and social media feeds in astonishment as a former Cabinet Secretary, a former Jubilee Party Secretary-General, a man who had served his country in senior office across more than two decades, found himself locked out of his own business and speaking to a camera in the dark like a man who had lost everything.

    In a sense, he had. And the institution at the centre of it all, the Kampala-headquartered EADB, retreated behind a terse press statement about the rule of law and the finality of court orders.

    That statement, released on March 16, 2026, was clinical in its detachment. “The EADB distances itself from the ongoing public theatre of the borrower’s distortion of facts and disinformation,” it read. “There must be finality of court matters.”

    In eleven years of dealing with Tuju and his company Dari Limited, those are among the most revealing words EADB has ever committed to public record.

    They reveal an institution that is congenitally incapable of self-examination, that processes its borrowers through a machinery of foreign jurisdictions and immunity shields, and that walks away from the wreckage of ruined projects with the serene confidence of an entity that knows the courts will always give it the last word.

    This is the story of how that machinery worked, why it was allowed to work, and what it has cost the borrowers who dared believe in the bank’s development mandate.

    The Promise: A Two-Phase Deal, a Prestigious Karen Project

    To understand why Tuju is standing outside his own gates, you must go back to April 10, 2015, when Dari Limited, his project vehicle, signed a facility agreement with EADB for USD 9,197,084.

    The money was for a development that was, at first blush, exactly the sort of project a development bank should celebrate: the acquisition of a 20-acre prime parcel in Karen’s Tree Lane area, the rehabilitation of a 94-year-old Victorian bungalow originally built by Scottish missionary Dr. Albert Patterson into a high-end restaurant, the construction of luxury wellness villas under the Entim Sidai brand, and the creation of the Dari Business Park commercial complex off Ngong Road.

    Tuju himself, his three children Mano, Alma and Yma, and a related company, S.A.M Company Limited, signed on as guarantors and co-directors.

    The loan was structured in two tranches. Phase one, amounting to the bulk of the facility, was to finance the land acquisition, with EADB paying the vendor directly.

    Phase two, valued at Sh294 million, was earmarked for construction of the residential units: thirty three-bedroom maisonettes on the Tree Lane property and a further eighty-five units on a nearby seven-acre plot along Mwitu Road.

    The sale of these high-end units was the engine that was supposed to generate the revenue to service the debt. Without them, the project was a restaurant, and a restaurant alone, as Tuju and his lawyers have argued repeatedly, cannot service a loan of that magnitude.

    The first tranche was drawn on July 29, 2015. The first interest instalment fell due in October 2015, and Dari paid it. It would be the only payment EADB ever received.

    That single, faithful payment is a detail that tends to get buried in the avalanche of legal proceedings that followed, but it matters. It tells you that Tuju was not a man who borrowed money with no intention of repaying.

    It tells you that the project was at a stage where service was possible. And it tells you that whatever broke between October 2015 and the second quarter of 2016, when the loan formally fell into default, something went catastrophically wrong with the project’s cash flow.

    “I cannot explain why the second tranche was not disbursed since I was not in senior management. Conditions were to be met to release the money, but I did not know what happened.” – David Odongo, EADB’s own Kenya Country Manager, testifying in court, 2024

    According to Tuju, what went wrong was that EADB refused to disburse phase two. The bank, he alleges, suddenly introduced new conditions for the release of the construction funds, including additional security over an Upper Hill property that was already charged to the Bank of Africa.

    Without the construction money, the villas could not be built, the anticipated revenues never materialised, and the loan became unpayable. The bank counters that conditions for release were never met by Dari Limited and that it was never formally committed to the second disbursement.

    The truth, in the form of sworn court testimony, arrived in July 2024 when David Odongo, EADB’s own former Kenya Country Manager, the very officer who had appraised and presented the project for board approval, appeared before High Court Judge Alfred Mabeya and recanted. He confirmed the loan was two-phased.

    He confirmed the second tranche was for construction of the residential units. He confirmed that proceeds from food and beverage at the restaurant alone could not service the loan without the real estate component. And, most devastatingly, he said he could not explain why the second tranche was never disbursed. “I was not in senior management,” he told the court. In a related statement to the Directorate of Criminal Investigations, Odongo had confirmed that EADB’s board had approved both phases, including the additional Sh290 million for rehabilitation of structures and construction of demonstration villas.

    He also told the court that the affidavit bearing his name that had been filed in the UK proceedings, the document that helped obtain the English judgment against Tuju, had not been sworn before a Commissioner for Oaths in the usual manner.

    It was drafted by the bank’s lawyers, presented to him, and he signed it in good faith. Among the claims in that affidavit that he now said were not accurate: that Dari’s restaurant operations were generating revenues and profits sufficient to meet loan repayments without the construction component.

    That is not a minor discrepancy. That goes to the heart of whether EADB obtained its landmark UK judgment on the basis of evidence that its own witness now admits was inaccurate. Tuju has since returned to London seeking a review of the 2019 ruling in light of this new testimony. But the Kenyan courts have already closed that door, citing res judicata and the principle that issues already determined cannot be relitigated. The bank’s argument, echoed by every court that has since ruled in its favour, is that this matter is settled. Finality of courts must be upheld.

    The London Gambit: How EADB Armoured Itself Against Kenya’s Courts

    There is a clause buried in virtually every facility agreement EADB signs with its Kenyan borrowers, and prospective clients should read it with the greatest care before putting pen to paper.

    That clause specifies that disputes arising from the loan shall be resolved before the High Court of Justice in England, under English law, with the judgment to be registered and enforced in Kenya. For an institution whose mandate is to promote East African development, the choice of a London jurisdiction is remarkable.

    It means that when things go wrong, the borrower, whether a small Ugandan transport company or a prominent Kenyan businessman, must fight their corner against a well-resourced multilateral bank in a foreign court whose daily operating costs in lawyers’ fees alone can dwarf the original loan.

    EADB invoked that clause in December 2018 after years of correspondence with Dari Limited produced no payment. The case went before Judge Daniel Toledano of the High Court of Justice in London, who on June 19, 2019, granted summary judgment in EADB’s favour for USD 15,162,320.95, covering the outstanding principal, accrued interest, and penalties. Tuju’s appeal to the Court of Appeal in London, heard by Lord Justice Leggatt, was dismissed.

    The UK judgment was then registered by Kenya’s High Court on February 13, 2020, and when Tuju challenged it all the way up through the Kenyan court system, the Court of Appeal in Nairobi reaffirmed it on April 20, 2023.

    By that point, what had started as a USD 9.197 million loan had ballooned to the equivalent of Ksh1.9 billion, and depending on which party’s calculations you believe, the total exposure including continuing interest and legal costs may have reached Ksh4.5 billion by the time the auctioneers arrived.

    A loan that began at roughly Ksh943 million had more than quadrupled through the mechanics of compound default interest, currency movements, London legal fees, and a decade of enforcement costs. No payment was ever made after that single October 2015 instalment.

    The EADB Act that governs Kenya’s obligations to the bank was declared unconstitutional in March 2025 by a Machakos High Court judge, who found it allowed the Finance CS to channel public money out of the consolidated fund without parliamentary oversight or public participation.

    The London jurisdiction clause is also where EADB’s status as an international organisation becomes most consequential for borrowers. Article 44 of the EADB Charter grants the bank immunity from legal process in its member states.

    When Blueline Enterprises of Tanzania tried to execute an arbitration award against EADB’s bank accounts in the early 2000s, the Tanzanian Court of Appeal ultimately upheld the bank’s immunity, ruling that it enjoyed absolute immunity in the exercise of its lending powers, which is precisely the context in which a borrower would need to sue it.

    A judge warned prospective counterparties in plain terms: secure an express written waiver of immunity before you engage. Most borrowers, dazzled by the prospect of development financing, do not.

    Tuju has sought to test this immunity shield directly, filing a case at the East African Court of Justice challenging whether EADB’s blanket immunity is compatible with modern jurisprudence on the accountability of multilateral lenders.

    That case would be the first time the regional court had been asked to examine EADB’s charter in this light, making it one of the most consequential institutional law proceedings in East Africa’s recent history.

    The outcome remains to be seen. What is not in doubt is that immunity has functioned, in case after case, as a near-impenetrable shield for the bank and a near-insurmountable obstacle for anyone seeking redress against it.

    The Auction: A Ksh4.5 Billion Debt Recovered at Ksh450 Million

    On October 1, 2024, EADB auctioned the Ngong Road property that had been pledged by Dari Limited as loan security. Garam Investment Auctioneers, acting on behalf of the bank, conducted what it described as a competitive bidding process.

    The winning bid was Ksh450 million, accepted from a company called Ultra Eureka Limited. Court papers filed subsequently reveal that Ultra Eureka paid the full purchase price and was issued with completion documents, including the transfer instrument.

    By February 18, 2025, a certificate of lease had been issued in the company’s name. By March 2026, Ultra Eureka had charged the property to KCB Bank Kenya, meaning the asset had been refinanced within months of its purchase.

    Tuju was incandescent. He argued, publicly and in court, that the Ksh450 million sale price bore no relationship to the true value of the asset. He noted that EADB was simultaneously claiming a debt of Ksh1.9 billion to Ksh4.5 billion, and that even the lower figure was more than four times what the auctioned property fetched.

    At what price, exactly, were Knight Frank Valuers Limited, who conducted the valuation, placing the remaining assets? Tuju contested the valuation fiercely, and it was on the basis of that challenge that a temporary court injunction stopped the auction of the remaining properties, Entim Sidai Wellness Sanctuary and Tamarind Karen, until March 9, 2026, when Justice Josephine Wayua Mong’are of the Milimani Commercial Court struck out the amended plaint as barred by res judicata and set aside all interim orders.

    Six days later, on March 14, the masked operatives arrived at Dari Business Park. Ultra Eureka, which had hired Lavington Security Limited to guard the premises from March 10, moved to take physical possession.

    The police, specifically officers from the Rapid Response Unit, provided the muscle. No court order was shown to Tuju, despite his repeated requests on camera.

    He was allowed neither to collect his personal belongings nor to protect the interests of the tenants and employees whose livelihoods depended on the businesses operating within the park.

    The Judiciary, evidently stung by the optics, issued a clarifying statement on March 18 emphasising that the March 9 ruling had been delivered lawfully on grounds of issue estoppel and that the plaintiffs had since filed an appeal before the Court of Appeal.

    It urged all parties to exercise restraint.

    That plea for restraint came after the cameras had captured everything, after a former Cabinet Secretary had spent a night in the cold, and after dozens of workers had been locked out of their source of income in the early hours of a Saturday morning.

    The Allegations That Will Not Die: Bribery, the DCI, and a Petition to the Chief Justice

    No account of this dispute is complete without confronting its most explosive dimensions. Tuju, in a press conference outside the Supreme Court buildings after delivering a petition to Chief Justice Martha Koome on March 13, 2026, levelled an allegation that should send shockwaves through Kenya’s legal establishment.

    He claimed that agents of a commercial court judge had approached him for weeks demanding a bribe of Ksh10 million in exchange for a favourable ruling. He said he refused to pay.

    He said he instead chose to work with the Ethics and Anti-Corruption Commission. He did not name the judge publicly, but he was clear that the bribe demand preceded the adverse rulings he subsequently received.

    These are unproven allegations. They are denied by the EADB. But Tuju made them in his own name, in public, outside the Supreme Court, with cameras rolling. He also recorded a formal statement at the Directorate of Criminal Investigations.

    The DCI, it should be noted, has previously summoned Tuju, his children, David Odongo, and other EADB officials in connection with the same dispute, suggesting the criminal investigation dimension of this case is very much alive.

    In the same press statement, Tuju applauded Justice Esther Maina of the Machakos High Court, who declined to dismiss a separate constitutional challenge to the EADB Act, allowing it to proceed to full trial.

    That case had already yielded a devastating ruling in March 2025, when Justice Francis Rayola Olei declared Sections 2(1) and 2(2) of the EADB Act 2014 unconstitutional, finding that they allowed the Cabinet Secretary for Finance to channel money out of Kenya’s consolidated fund into EADB without parliamentary oversight and without the public participation required by Article 10 of the Constitution.

    The judge ordered the Finance CS to produce records of all payments made to EADB since 2014, to be submitted to Parliament within sixty days. He also ordered the Auditor General to conduct a full audit.

    Kenya’s Machakos High Court declared the EADB Act 2014 unconstitutional, finding it allowed the Finance CS to funnel public money out of the consolidated fund and into a multilateral bank without parliamentary oversight, accountability, or public participation.

    Read that carefully.

    Kenyan taxpayer money has been flowing into EADB since 2014 through a legal mechanism that a court has now found to be unconstitutional.

    The bank whose charter grants it absolute immunity from judicial process in its own member states has been capitalised, in part, by public funds channelled in a manner that a Kenyan court has said violated the constitutional right to public participation.

    The same bank then uses that capital to sue its Kenyan borrowers in London courts, obtain judgments that dwarf the original loans, and auction prime Kenyan assets to buyers whose acquisition prices bear little obvious relationship to market value.

    At the East African Legislative Assembly in Arusha, a whistleblower petition filed by Peter Odhiambo of the Justice Alliance put additional allegations on the parliamentary record: board members clinging to seats for up to eighteen years, four times beyond what the EADB charter permits; allegations of insiders borrowing from the bank and sitting on the board that approves write-offs of the same loans; accusations that former Director General Vivienne Yeda leveraged her dual roles at EADB and as Kenya Power and Lighting Company chair to push dubious transactions.

    Vivienne Yeda Apopo
    Vivienne Yeda Apopo

    Tanzanian EALA legislator Dr. Abdullahi Makawe told the assembly he had been served with an arrest warrant simply for speaking to the media after raising questions about the bank before the House. Whether those allegations are established or not, they describe an institution for which transparency has historically been an afterthought.

    A Pattern Older Than Tuju: The Blueline Enterprises Precedent

    Those inclined to view the Tuju affair as an aberration, a unique collision of political timing, personal financial misfortune, and legal bad luck, need only read the dossier on Blueline Enterprises Limited of Tanzania.

    In March 1990, EADB advanced a loan of approximately USD 2.279 million in Special Drawing Rights to Blueline, a Tanzanian transport company, to finance the purchase of trucks, trailers, and haulage equipment for a petroleum logistics project serving Tanzania, Malawi, the Democratic Republic of Congo, and neighbouring states.

    The project was exactly the kind of real-sector development financing that development banks are established to support. Blueline defaulted. EADB exercised its right to appoint a receiver-manager under the floating debenture.

    Blueline obtained an ex parte court order restraining the bank and the receiver from taking over its business. What followed was more than two decades of litigation across multiple courts and jurisdictions.

    The arbitrator, Mr. A.T.H. Mwakyusa, eventually awarded Blueline damages of USD 61,386,853 against EADB for losses allegedly occasioned by the bank’s conduct in the receivership. When Blueline commenced execution proceedings in 2006, a Tanzanian High Court allowed a garnishee order to attach EADB’s accounts at Standard Chartered Bank in Dar es Salaam. EADB invoked its immunity shield under Article 44 of its charter and the East African Development Bank Act.

    The High Court dismissed the immunity plea, finding that a liquid bank account was not the type of asset that enjoyed immunity.

    On appeal, the Court of Appeal reversed that finding in a landmark 2011 judgment, holding that EADB enjoyed absolute immunity from all forms of legal process arising out of the exercise of its lending powers, and declared all proceedings against the bank a nullity.

    Blueline was left holding a USD 61 million arbitration award it could not enforce against an institution whose charter placed its assets beyond the reach of any court.

    The member states of EADB declined to step in with taxpayer funds to satisfy the award. EADB emerged intact. Blueline did not.

    The structural parallel with Tuju’s situation is striking. In both cases, EADB advanced a loan for a project that was supposed to generate revenues enabling repayment. In both cases, the borrower alleges that the bank’s own conduct in the transaction contributed to the default.

    In both cases, the bank pursued recovery through courts and enforcement mechanisms that placed it at an overwhelming procedural advantage, while the borrower’s avenues for counterclaims against the institution were constrained by the immunity shield. And in both cases, the bank won.

    The Broader Portfolio: Write-Offs, Bad Loans, and the Quiet Reckoning

    EADB has, to its credit, openly acknowledged the toll its lending portfolio has taken. Its audited financial statements for the year ended December 31, 2023, revealed that the bank wrote off loans amounting to USD 13.03 million during the year, a dramatic escalation from the USD 140,000 written off in 2022. Those written-off assets, secured by landed properties including apartment blocks and land in various locations across the region, were being offered for sale.

    The bank noted that the sale process was expected to take approximately one year and that the estimated sale values had been discounted to present value, meaning the assets were being marketed at figures below what the bank itself estimated they would ultimately fetch.

    That is the institutional version of the discount at which prime properties disappear from borrowers’ portfolios.

    At the time of reporting, Tanzania held the largest share of EADB’s gross loan balances at USD 72.83 million, representing 63 percent of the total. Uganda accounted for 28 percent at USD 33.03 million, with Kenya at six percent and Rwanda at three percent. Uganda had a non-performing loan balance of USD 1.02 million as of that reporting period. Kenya had resumed repayment of its loans after defaulting on a USD 5.2 million repayment in 2022. These are not the figures of a bank with a pristine lending record operating in a straightforward development environment.

    They are the figures of a multilateral institution managing a complex and contested loan book across four jurisdictions, with a history of defaults, receiverships, and contested recoveries.

    In 2024, EADB announced a significant policy shift, moving from dollar-denominated lending to local currency financing through currency swap agreements worth USD 90 million signed with Rwanda and Tanzania. The stated purpose was to eliminate exchange rate risks for borrowers and reduce the cost of loans.

    That is a welcome and long-overdue reform. It is also an implicit acknowledgment that lending in US dollars to borrowers earning in Kenyan shillings, Tanzanian shillings, or Ugandan shillings created a structural vulnerability in every loan it originated, a vulnerability that contributed to defaults across its portfolio when exchange rates moved adversely.

    It is a vulnerability that, in Tuju’s case, meant that a loan originally equivalent to Ksh943 million had, through interest, penalties, and currency movements, become a debt of Ksh1.9 billion to Ksh4.5 billion, depending on the calculation date.

    The Warning Every Borrower Must Heed

    This story is not, at its core, about Raphael Tuju. Tuju is the most visible casualty of an institutional structure that has, over decades, created conditions systematically unfavourable to borrowers across East Africa.

    The combination of factors that define EADB’s relationship with its clients is worth stating plainly, because every prospective borrower walking through its doors deserves to understand what they are signing.

    First, the dispute resolution clause. When you borrow from EADB, you agree that any dispute will be resolved in England under English law. You are consenting, in advance, to fight any grievance you have against a Kampala-headquartered institution in a foreign court thousands of miles from your business, your assets, and your country’s legal system. The cost of that fight, in London lawyers’ fees alone, can render a legitimate defence economically impossible.

    Second, the immunity shield. Article 44 of the EADB Charter, interpreted by courts from Tanzania to Kenya, grants the bank absolute immunity from legal process arising from its lending activities.

    If the bank’s conduct in relation to your loan contributes to your default, whether by refusing a second tranche, by introducing new collateral conditions, or by any other means, your ability to sue it for those actions is severely curtailed.

    You can lose. It cannot. That is not a metaphor. It is the legal architecture within which EADB operates.

    Third, the dollar denomination risk. Until 2024, every loan EADB advanced to East African borrowers was denominated in US dollars. If the shilling fell against the dollar during the life of your loan, your debt grew in local currency terms without any new borrowing. Tuju’s original facility of approximately Ksh943 million became Ksh1.9 billion in part because of this mechanism, compounded by default interest rates that the facility agreement permitted the bank to apply.

    Fourth, the affidavit problem.

    Evidence from the Tuju case shows that EADB’s own Kenya Country Manager signed court affidavits prepared by the bank’s lawyers in proceedings before the English court, affidavits that he subsequently recanted under cross-examination before a Kenyan judge.

    The same affidavits were used to obtain the UK summary judgment that forms the foundation of the entire enforcement action against Tuju and his family. That a Kenyan court has repeatedly declined to give effect to this recantation, citing issue estoppel and res judicata, does not make the underlying factual problem disappear. It simply means it cannot be relitigated domestically.

    Fifth, the valuation and auction mechanics. When EADB auctions a property to recover a debt, the valuation is conducted by a firm it appoints. The bidding process is managed by an auctioneer it appoints.

    The first Dari property, Tamarind Karen and Dari Business Park, was reportedly sold for Ksh450 million against a debt the bank simultaneously valued at Ksh1.9 billion.

    Whatever remained of that gap, after the auction proceeds were applied to the outstanding balance, continued to accrue interest. The remaining properties, Entim Sidai and the others, were next in line. If those too are sold at prices significantly below the bank’s stated debt, Tuju could lose everything and still owe money.

    When a development bank’s own official recants the evidence used to obtain a foreign judgment, but the courts say that judgment can no longer be questioned, something has gone wrong with the system. The question is who pays the price. In this case, it is the borrower.

    What EADB Says, and What It Does Not Say

    In fairness to EADB, its position is not without foundation. Contracts, once signed, must be enforced. A development bank that let every defaulting borrower walk away on the basis of hardship stories would cease to exist as a viable institution within a decade. The English court, the Kenyan High Court, and the Court of Appeal have all examined the facts and found for EADB. That is not nothing.

    The bank also makes a point that deserves to be taken seriously: it says it received no credible or verifiable repayment proposal from Dari Limited throughout the seven years of this dispute.

    Tuju’s counter-claim, that he made multiple settlement offers including an immediate Ksh1.29 billion payment and a KCB refinancing proposal that would have cleared the debt in cash, has not been established to the satisfaction of any court. The bank says those offers were not verifiable.

    Tuju says the bank refused to engage or issue a redemption statement. A decade of litigation has not settled this factual dispute to the satisfaction of the public, even if the courts have moved on.

    But here is what EADB does not say, and what no court has compelled it to explain. It does not explain why the second tranche of Ksh294 million, the construction money without which the project was designed to fail, was never disbursed.

    It does not address the recantation by its own Kenya Country Manager. It does not explain why the facility was originally denominated in a currency that would automatically inflate the borrower’s obligations as the shilling weakened.

    It does not explain what a property valued at Ksh4.5 billion in outstanding debt was doing selling at the auction for Ksh450 million.

    And it does not explain why, when the moment of enforcement came, it deployed masked operatives in unmarked vehicles in the middle of the night rather than the unambiguous production of court orders that the rule of law it purports to represent would seem to require.

    The Reckoning

    Tuju has appealed to the Court of Appeal. He has petitioned the Chief Justice. He has recorded a statement at the DCI. He has filed at the East African Court of Justice. He has returned to London seeking a review of the foundational judgment.

    Every door he knocks on has, so far, been closed by the same combination of res judicata, issue estoppel, and the formidable procedural architecture that EADB has built around itself over decades. Courts do not easily second-guess other courts, especially foreign ones whose judgments have been formally registered. That is the system working as designed.

    But behind the legal formalism, a set of questions that go to the heart of what development finance is supposed to be for remain stubbornly unanswered. EADB was created in 1967 to promote sustainable socio-economic development in East Africa through long-term lending to viable projects.

    It is owned by the governments of Kenya, Uganda, Tanzania, and Rwanda, capitalised partly by their taxpayers’ money, and endorsed by the African Development Bank, the Netherlands Development Finance Company FMO, and Germany’s DEG. It has won awards.

    It has been rated. It has been celebrated. And yet the pattern that emerges from decade after decade of its lending record is of an institution that extends credit under contractual terms that systematically disadvantage its borrowers, pursues enforcement through foreign courts that most borrowers cannot afford to match, hides behind a charter immunity that places it above accountability, and auctions its way to recovery at values that bear no obvious relationship to the outstanding debt.

    As for Tuju, he is outside his gates. His children, who signed as guarantors and whose properties are pledged as security, face the same enforcement machinery.

    The Tamarind Restaurant that once served Karen’s moneyed classes has a new owner. The Entim Sidai Wellness Sanctuary is next. What was once a Ksh943 million loan, drawn in the full confidence that a development bank was a partner in a legitimate enterprise, has become the instrument of demolition of everything he built.

    EADB calls it the rule of law. It calls it the finality of court orders. It calls it the inevitable consequence of a borrower who refused to pay.

    Raphael Tuju, standing in the predawn dark outside the gates of his own business park, calls it something else entirely.

    And the growing body of evidence from its loan book, its affidavits, its immunity battles, and its courtroom record across four countries and more than three decades suggests that this is not the last time East Africa will have this conversation about the bank that was built to develop the region and has become, for far too many of its clients, the institution that showed up in the night and took it all away.

  • THE RUTO HAND IN TUJU’S FALL: How a President-Linked Petroleum Baron Walked Away With Sh3.5 Billion Karen Land for Sh450 Million

    THE RUTO HAND IN TUJU’S FALL: How a President-Linked Petroleum Baron Walked Away With Sh3.5 Billion Karen Land for Sh450 Million

    The Auction Nobody Noticed

    On the morning of October 1, 2024, a day that will be remembered in Kenyan political history for the parliamentary theatre that stripped Rigathi Gachagua of the deputy presidency, a very different transaction was being concluded in the city’s commercial corridors. Officials of a company called Ultra Eureka Limited were finalising paperwork to hand over Sh45 million, a ten per cent deposit, to Garam Investments Auctioneers.

    The object of their interest: a 6.8-acre leasehold in Karen, one of Nairobi’s most coveted postcodes, upon which former Cabinet Secretary Raphael Tuju had built a luxury commercial and wellness complex worth, by his own account, no less than Sh3.5 billion.

    The full purchase price was Sh450 million.

    By December 2024, Ultra Eureka Limited had cleared the Sh405 million balance.

    By February 2025, it was registered as the new proprietor of a 99-year leasehold over land that hosts the Entim Sidai Wellness Sanctuary, Tamarind Karen and Dari Business Park. The buyer had acquired a trophy asset for less than thirteen cents on the shilling.

    Ultra Eureka Limited is the sole property of Jackson Kiplimo Chebett, the dominant shareholder and board chairman of Stabex International Limited, one of Kenya’s fastest-rising petroleum marketing companies and a firm whose name has circulated for years in whispered conversations about the business interests of Kenya’s political class.

    The Stabex-Ruto Shadow

    Stabex International Limited was incorporated in 2009 and has since grown into a petroleum colossus with over 150 retail stations across Kenya and Uganda, twelve storage depots and annual sales volumes exceeding 300 million litres of fuel.

    In the final quarter of 2025, the company commanded a 4.9 per cent market share in Kenya’s downstream petroleum sector, making it the fourth largest player in the industry behind Vivo Energy, Rubis and TotalEnergies.

    In a sector long dominated by multinationals, Stabex’s ascent has been remarkable by any measure.

    Registered ownership of Stabex places Jackson Kiplimo Chebett as the majority shareholder with 925,000 of the company’s one million ordinary shares. Abraham Kipkoech Korir, the director of projects and business development, holds 50,000 shares.

    Stabex Group Chairman Jackson Kiplimo Chebett

    The share register is thin, but the company’s trajectory is anything but: it has in recent years displaced established giants, won government-linked fuel supply contracts and expanded aggressively into landlocked markets in Uganda and the Democratic Republic of Congo.

    Since at least 2022, public discourse in Kenya has linked Stabex to President William Ruto, with allegations circulating across social media platforms and investigative blogs that the company operates as a proxy vehicle for presidential business interests.

    The allegations first gained traction through posts by political blogger Robert Alai and were amplified by journalist Saddique Shaban, who specifically linked Stabex to a multimillion-dollar petroleum supply contract with the Kenya Defence Forces, characterising the company as a Ruto proxy operation.

    The company has never publicly addressed the claims, and no formal legal proceedings have been brought to challenge the allegations. Company records do not show President Ruto or any member of his immediate family as a shareholder.

    What is documented is the pattern of access.

    In August 2023, Chebett held a meeting with Ugandan President Yoweri Museveni at which the latter personally committed to facilitating Stabex’s operations in Uganda by cutting through bureaucratic red tape.

    That is not the kind of introduction a petroleum trader secures through ordinary commercial channels. It is the kind of introduction that flows from political architecture.

    Chebett’s board at Stabex includes former Kenya Civil Aviation Authority Director Joseph Kiptoo Chebungei, a figure from the corridors of state.

    Chebett is also the sole director and ultimate beneficial owner of Ultra Eureka Farm Limited, incorporated in 2002, which in turn wholly owns Ultra Eureka Limited, incorporated in 2018 and nominally classified as an agronomy and farming inputs enterprise.

    It was this agronomy vehicle, carrying Chebett’s full chain of beneficial ownership, that walked into the Karen auction on the day of Gachagua’s impeachment and paid cash for Tuju’s life’s work.

    The Debt That Swallowed a Dream

    The origins of Tuju’s dispossession lie in a loan agreement signed a decade ago. In April 2015, Tuju’s company Dari Limited entered into a facility agreement with the East African Development Bank for a sum of nine point three million United States dollars, equivalent at the time to approximately Sh1.2 billion, though the figure has since ballooned with interest and penalties to over Sh4.5 billion in total claimed by EADB.

    The purpose was to develop a thirty-room luxury retirement facility on the Karen land that Tuju had acquired in 2010 alongside the African Wildlife Foundation as co-tenant and over which he became the sole registered owner in December 2014.

    Tuju maintains he was betrayed by the lender.

    His case, aired across multiple courts on two continents, is that EADB failed to disburse the full loan amount, withholding what he says was Sh294 million in additional funding he had been promised, thereby frustrating the entire development model on which his repayment plan depended.

    EADB has consistently denied this characterisation. In 2019, the High Court of Justice in England and Wales entered judgment against Tuju and ordered repayment of the debt. Kenyan courts recognised that foreign judgment in 2020.

    Screenshot

    The Court of Appeal upheld the decision in 2023. Each time Tuju sought to arrest the momentum of enforcement, the courts turned him away.

    By the time EADB instructed Garam Investments Auctioneers to proceed with the sale in October 2024, Tuju had exhausted most of his options.

    The Supreme Court had in 2023 dismissed his appeal, and an extraordinary episode unfolded at the apex bench when all five judges on the panel recused themselves after Tuju lodged a complaint with the Judicial Service Commission accusing them of predetermination.

    The recusal was dramatic but ultimately unhelpful to Tuju: the Supreme Court simultaneously declined to suspend the Court of Appeal decision, leaving EADB with a clear runway to enforcement.

    The Registrar Who Looked Away

    The sale itself, however contentious, might have been legally unremarkable had it not been for what happened at Ardhi House in the weeks that followed. Court records and affidavits filed in subsequent proceedings reveal a remarkable sequence: a valid court order barring the transfer of the Karen property was physically presented to the Ministry of Lands for registration, and an advocate instructed to log the injunction was told by officials that the order was not registrable because it contained no explicit instruction directed to the Chief Land Registrar.

    The property was transferred to Ultra Eureka Limited on February 18, 2025, ten days after the court order had been extended for a third time on February 6, 2025.

    The Chief Land Registrar at the time was David Nyambasa Nyandoro, a figure already enmeshed in his own legal battle for survival.

    The Employment and Labour Relations Court had in May 2024 revoked his appointment and directed Lands Cabinet Secretary Alice Wahome and Principal Secretary Nixon Korir to replace him with Peter Mburu Ng’ang’a.

    Nyandoro and the Attorney General appealed and secured a stay order in July 2024, allowing him to continue in office pending the appeal. It was therefore a man whose tenure was itself judicially contested who presided over the registration of a transfer that critics say was executed in contempt of court.

    Busia Senator Okiya Omtatah, who is a respondent in the Nyandoro appeal, has since moved to introduce fresh evidence at the Court of Appeal specifically linking Nyandoro’s conduct in the Tuju transfer to his fitness for office.

    Omtatah argues that Nyandoro, as the only officer in Kenya empowered to register property transfers, had a clear statutory duty under Section 68 of the Land Registration Act to register the court order inhibiting dealings with the parcel, once it was formally presented. To ignore it, he contends, was not a clerical oversight but deliberate contempt.

    “That despite being fully aware of the said orders, the appellant knowingly, wilfully and deliberately disobeyed them and on or about 18th February 2025, proceeded to register an unlawful transfer of the said property in favour of Ultra Eureka, in contempt of the orders,” Omtatah states in his court papers, adding that Nyandoro also caused the title to be converted from L.R. No. 1055/165 to a new title, Nairobi Block 47/1399, under which Ultra Eureka Limited is registered as proprietor for a 99-year term.

    Dawn Raids and Locked Gates

    For nearly a year after the October 2024 auction, Tuju and his tenants continued to occupy the Dari Business Park and its associated premises. The legal machinery was still grinding, and successive injunction applications kept enforcement tentatively at bay. That equilibrium collapsed violently in the early hours of March 14, 2026.

    Photographs and video footage broadcast nationally showed Tuju outside his own property at three in the morning as heavily armed police officers sealed off Dari Business Park along Ngong Road in Karen. The operation, executed under darkness with a show of state force that left observers unsettled, locked out Tuju and his associates and handed physical possession to Ultra Eureka Limited’s new security deployment.

    Tuju spoke to journalists by phone, conveying a message to his children that became one of the most striking images of his unravelling ordeal.

    Chebett’s version of events, filed in a replying affidavit before the High Court, records that prior to the dawn operation, the situation had already turned volatile. He claims that a group of more than fifty men forced their way onto the premises after the High Court lifted interim injunction orders, physically assaulting the security guards Ultra Eureka had deployed and injuring several of them before police were called to restore order. Tuju’s camp disputes aspects of this account.

    The courts have now produced a fresh restraining order, this time freezing further transfer or assignment of the title pending the determination of Tuju’s application before the High Court.

    That hearing is scheduled for April 7, 2026. Tuju has also lodged a parallel appeal at the Court of Appeal, meaning the battle for the Karen properties is far from concluded. In the meantime, Ultra Eureka Limited has charged the same title to Kenya Commercial Bank for a two point five million dollar loan facility, a move Tuju’s lawyers characterise as compounding the alleged contempt by encumbering land that remains under judicial dispute.

    The Question That Will Not Go Away

    The case against the Stabex-Ruto connection rests on inference, on the architecture of proximity. There is no documentary evidence placing President Ruto within the ownership chain of either Stabex International or Ultra Eureka Limited.

    The Registrar of Companies records are unambiguous: Chebett controls both entities absolutely. What cannot be dismissed so easily is the political environment in which these transactions occur.

    Chebett is a Kalenjin businessman from the Rift Valley, operating in a sector that is acutely sensitive to government goodwill, where fuel import licences, open tender system allocations and infrastructure access depend fundamentally on the disposition of the executive.

    Stabex’s rise from incorporated startup in 2009 to fourth-largest petroleum retailer in Kenya by late 2025 is a remarkable commercial achievement that has coincided precisely with the arc of Ruto’s political ascendancy, from deputy president to president.

    The company’s aviation fuel launch at JKIA in October 2024, attended by Energy Cabinet Secretary Opiyo Wandayi and Kenya Airports Authority chairman Caleb Kositany, was a statement of institutional embrace.

    Tuju, for his part, is not simply a businessman who defaulted on a bank loan.

    He is a senior political figure of the Raila Odinga era, a Luo politician who served as Cabinet Secretary under the Jubilee administration and who has since drifted to the opposition periphery.

    The optics of a man from that political alignment losing a Sh3.5 billion property for Sh450 million to a businessman linked publicly to the presidency, through a process in which the Chief Land Registrar allegedly defied a court order, are not ones that any government eager to project rule of law should be comfortable inhabiting.

    The Judiciary, through its communications office, has been unusually active in issuing public statements defending the chain of judicial decisions that culminated in Tuju’s eviction.

    It has pointed to the 2019 London judgment, the 2020 Kenyan recognition of that judgment, the 2023 Court of Appeal upholding and the Supreme Court’s refusal of interim relief as an unbroken line of lawful process.

    Justice Josephine Mongare, whose ruling of March 9, 2026 struck out Tuju’s latest suit as an abuse of process, found the case to be res judicata and a vexatious attempt to re-litigate a debt whose validity had been exhaustively determined. Her language was unsparing.

    The legal analysis may be coherent.

    The political symbolism is not so easily dissolved.

    The Tuju affair is the story of a major transaction executed on the most politically charged day of Kenya’s recent history, by a company controlled by a man whose larger corporate vehicle has been publicly, if unproven, linked to the president.

    It involves a land registrar who held office in defiance of a court order and who is alleged to have registered a property transfer in contempt of a judicial injunction.

    And it ends, at least provisionally, with armed police locking a former Cabinet Secretary out of his own premises at three in the morning.

    Those are not the hallmarks of an ordinary commercial debt recovery. They are the hallmarks of power.

    Chebett did not respond to requests for comment beyond the affidavit filed in the High Court. Stabex International Limited did not issue a public statement on the Karen acquisition. The Office of the President declined to comment on the company’s alleged links to President Ruto.

  • Tuju Forcefully Removed From His Karen Property With Masked Officers In Unmarked Vehicles In Early Morning Raid

    Tuju Forcefully Removed From His Karen Property With Masked Officers In Unmarked Vehicles In Early Morning Raid

    The first sign that something was wrong came just after midnight. Vehicles without registration plates began assembling on the access roads near Karen’s Ngong Road junction.

    By 2am, a force of more than 50 armed men, some in police uniform and others in balaclavas, had pushed through the gates of Dari Business Park and locked every employee of Tamarind Restaurant outside the premises.

    Former Foreign Affairs Cabinet Secretary Raphael Tuju, roused from sleep at his adjacent home, walked out to find a small army in possession of his property. The army refused to say who had sent them.

    It was a spectacular, and violent, ending to a legal saga that has consumed the former Jubilee Party secretary-general for the better part of a decade.

    Tuju filmed himself from outside his own gate at 3:30am, speaking directly to the camera in a video that spread across social media before most of Nairobi had woken up.

    “I have been kicked out by armed police officers who came in six unidentified vehicles. This is pure impunity because they have no court orders to conduct such a raid.”

    Tuju said the officers communicated with each other in their mother tongue, shielded their faces each time he raised his phone, and told him only that they were following orders from above. When he demanded to see court documents authorising the eviction, he was told there were none. “This is not law,” he said. “If it is law, it is the law of the jungle.”

    To understand what happened in the darkness of Karen on Saturday morning one must go back to 2014, when Raphael Tuju, then a media millionaire with ambitions that matched the size of his real estate dreams, fixed his eye on a 22-acre forested estate along Tree Lane in Karen.

    At the heart of the property stood a Victorian-era bungalow built by Scottish missionary Dr Albert Patterson more than a century earlier.

    The building had been preserved with almost religious care, its 60-year-old refrigerator still running, a gramophone in the parlour, Dr Patterson’s original furniture in place and the forest canopy unbroken overhead. Rooms were let at Sh43,000 a night for honeymooners.

    Tuju’s plan was to transform the estate into the kind of establishment that would rival Windsor Golf Hotel or Hemingways on Mbagathi Ridge: boutique accommodation, a high-end restaurant named Tamarind Karen, a wellness sanctuary called Entim Sidai, and a ring of luxury residential villas at Sh100 million each.

    The vehicle was his company Dari Limited, and the financier was the East African Development Bank.

    On April 10, 2015, EADB disbursed Sh943.9 million, the equivalent of 9.3 million US dollars, to Dari Limited under a facility agreement that named Tuju, his three children Mano, Alma and Yma, and a related company, S.A.M Company Limited, as guarantors.

    The properties along Tree Lane, Ngong Road and Mwitu Road in Karen were charged as security. The first interest payment fell due in October 2015. Dari paid it. It would be the only payment EADB ever received.

    What followed, in Tuju’s telling, was a cascade of broken promises. EADB had committed to a second tranche of Sh294 million for the construction of the residential units but declined to release those funds, Tuju has alleged, because the bank wanted additional security over an Upper Hill property already pledged to the Bank of Africa.

    Without the second disbursement, he argued, the project unravelled and with it his ability to service the debt. EADB disputes the account and courts in London agreed with the bank, ruling that the second facility was discussed but never formally agreed and therefore never owed.

    In December 2018 EADB invoked the dispute resolution clause in the original facility agreement and sued Dari Limited and its guarantors before the High Court of Justice in London. Judge Daniel Toledano ruled against Tuju in July 2019, ordering repayment of more than 15.1 million US dollars, equivalent at the time to well over Sh1.5 billion.

    Tuju’s appeal before Lord Justice Leggatt was dismissed. By the time the Kenyan courts adopted the UK judgment in February 2020, the debt had grown further through accumulated interest and currency movements.

    Tuju responded by opening every legal front available to him. He challenged the adoption of the UK judgment in the Kenyan High Court and lost. He fought at the Court of Appeal and lost again. He petitioned the Supreme Court, sought to have Supreme Court judges removed before the Judicial Service Commission, was barred from the apex court on procedural grounds, and eventually filed a case at the East African Court of Justice in Arusha.

    In Nairobi he accused senior advocates of fabricating affidavits and colluding with the bank’s former Kenya country manager to deceive multiple courts. He filed criminal complaints with the DCI and the ODPP. He told courts that a Dubai investor identified as ZLivia had been willing to inject fresh equity into the project but that EADB had blocked the deal, and that KCB Group had been ready to take over the loan but was similarly obstructed.

    Through every round of litigation, temporary court orders and injunctions kept auctioneers at bay. EADB fought back, seeking to have Tuju and his three children jailed or fined for contempt of court, and filing bankruptcy proceedings against them individually.

    PricewaterhouseCoopers partners Muniu Thoithi and George Weru were appointed receiver managers over Dari Limited in December 2019, though that appointment was successfully contested for a period. The debt, which started at 9.3 million dollars, had by 2026 grown to the equivalent of Sh4.5 billion according to EADB.

    Tuju disputes the figure and argues the bank’s running total is inflated by punitive default interest applied in bad faith.

    The final chapter opened on Monday, March 9. Justice Josephine Wayua Mong’are of the Milimani Commercial Court struck out Dari Limited’s amended plaint, ruling that the issues raised had already been determined across multiple forums and were substantially res judicata.

    The court vacated the injunctions that had since October 2024 barred Garam Investment Auctioneers and Knight Frank Kenya from advertising, attaching or selling the Karen properties. The road to auction was open.

    On Wednesday night, March 11, more than 100 men arrived at Dari Business Park on motorbikes. Tuju, who had received no notice, walked out to find strangers claiming the property had a new owner and demanding he vacate immediately.

    He stood his ground, filmed the confrontation and called Karen Police Station. Officers arrived and restored order. He filed a report, returned inside and believed the matter would be addressed in court. Then came Saturday.

    The force that arrived in the early hours of March 14 was a different kind of operation altogether. Tuju has suggested, based on the equipment carried and the coordination on display, that the unit included elements of the Rapid Response Unit, the elite GSU formation based at Ruiru that handles the most sensitive internal security operations in the country.

    The Kenya Police Service had not confirmed which unit carried out the operation by the time of publication, and no statement had emerged from the Inspector General’s office.

    According to Tuju’s account, corroborated by videos he recorded at the scene, the officers arrived in at least seven vehicles, several without registration plates. Some wore full police uniform.

    Others had covered their faces with balaclavas. When Tuju approached, officers turned away from his camera. When he asked for court orders, he was told there were none. When he asked who had given the orders, he was told only that the orders came from above.

    Restaurant staff and security guards employed at Tamarind Karen were pushed outside the gates. The officers locked themselves inside the compound. Tuju stood at his own perimeter wall in the dark as more vehicles arrived and dawn was still hours away.

    “They will have to kill me and bury me in Rarieda. Entim Sidai, Tamarind Karen and Dari Business Park will only change hands over my dead body.”

    In the video Tuju addressed his children Mano, Alma and Yma by name, telling them he was protecting the family business and would not give way to what he described as state-backed criminality. “First of all, I would like to encourage my children, who I know will be watching this video, that I am only protecting my family business which belongs to my family,” he said.

    The Karen raid did not occur in isolation. Earlier on Wednesday evening, Fairways Hotel in Kisumu, owned by former Principal Secretary Irungu Nyakera, was attacked by a group of men who caused damage worth millions of shillings and assaulted security staff. Nyakera attributed the attack to political opponents and fired warning shots into the air to disperse the intruders.

    DCI Director Amin Mohammed, speaking at the Police Leadership Academy in Nairobi on Thursday during a national security commanders meeting, confirmed that several suspects from both incidents had been arrested. “Goons are criminals, and we have no place for criminals,” Amin said, adding that those already identified had been arraigned in court while efforts to identify others were continuing.

    Internal Security Principal Secretary Raymond Omollo echoed the position, saying the government would not tolerate violence or hooliganism and promising legal accountability for perpetrators. Neither official addressed the Saturday operation at Dari Business Park, which by all accounts involved uniformed officers rather than private goons.

    On Friday, March 13, the day before the raid, Tuju walked to the Supreme Court building and delivered a letter personally addressed to Chief Justice Martha Koome.

    Speaking to journalists outside, he said he had chosen institutions over retaliation. “I have come to the judiciary today only with a letter and not with goons,” he said. “If you allow our country to go the goons way then we will be heading to anarchy, chaos, in other words, a failed state.”

    The letter, copies of which were submitted simultaneously to the DCI, the EACC and the ODPP, alleged that a sitting judge in the Commercial Division of the High Court had been approached by a broker, a former judge and a lawyer who sought Sh10 million in exchange for influencing the outcome of his pending appeal.

    Tuju said the three individuals were arrested after they visited his Karen home and made the bribery pitch. He named them in separate communications to investigative agencies.

    On March 12, Justice Mong’are, leaving the division on transfer, declined to grant interim conservatory orders that would have halted the auction pending the appeal but certified the matter as urgent and granted leave to appeal.

    The next hearing before the presiding judge of the division was scheduled for March 17. With his property already occupied by officers who arrived in the night and declined to leave, it is not immediately clear what relief that hearing can provide.

    Tuju’s legal resistance has been nothing short of exhausting to document. He has fought in courts in London, Nairobi and Arusha. He has used every procedural mechanism available: injunctions, stays, contempt applications, constitutional petitions, criminal complaints and judicial integrity petitions.

    He has accused lawyers of fabricating affidavits, accused judges of soliciting bribes, accused the bank of predatory lending and accused auctioneers of operating without proper authority. He has prevailed in isolated procedural battles while losing the broader war of attrition. What he had never done, until Saturday morning, was physically lost possession of the property.

    The question being asked across Kenya’s legal and political establishment on Saturday is whether the operation was a lawful enforcement of a judgment obtained across multiple courts over eleven years, or whether the deployment of what appeared to be state security forces to execute a commercial debt recovery in the dead of night, without presenting court orders to the registered owner, amounts to an extrajudicial action that should alarm every property holder in the country. Tuju himself has framed the issue as nothing less than a constitutional test. “This is not law,” he said, standing alone outside his locked gate in the dark. “If it is law, it is the law of the jungle.”

  • The Confession, The Child, The Forged Documents and The Silenced Commission: Havi Lays Bare The Full Architecture Of Corruption Behind The Tuju Property Saga

    The Confession, The Child, The Forged Documents and The Silenced Commission: Havi Lays Bare The Full Architecture Of Corruption Behind The Tuju Property Saga

    Nelson Havi has been practising Kenyan law for three decades. He has stood before every court the country possesses. He has served as president of the Law Society of Kenya and, by general consensus across the bar, has no institutional territory left to protect that would require him to moderate what he says in public.

    When Havi speaks in the language of accusation, the legal profession listens, because he has shown no hesitation in putting his name to things that others only say in their cars.

    In the past 72 hours, he has put his name to the most concentrated series of judicial corruption allegations to emerge from a single dispute in Kenya’s post-independence legal history. He has named a sitting High Court judge as the intended recipient of a bribe. He has alleged that one of the arrested men claims to share a child with that judge.

    He has pointed to forgery of documents filed in court by a Senior Counsel at a leading Nairobi law firm. He has alleged that the English arbitration award forming the foundation of the entire debt recovery exercise was itself corruptly procured. And he has accused the Judicial Service Commission not merely of inaction but of active participation in protecting corrupt judges by accepting bribes to dismiss formal complaints.

    Each allegation is serious on its own.

    Together they constitute a theory of total institutional capture: a commercial dispute in which the corruption did not begin with the Karen auctioneers who showed up on Monday morning, but with the original deal, ran through the London arbitration, infected the Kenyan court proceedings, enlisted the document process, co-opted the disciplinary commission, and finally placed a disgraced former judge at the gate of a former Cabinet secretary’s property to collect one last payment for the judge now presiding over the case.

    “The level of corruption in the Judiciary in general, and in this matter in particular, is so egregious that I cannot agree to be persuaded by the popular but uninformed narrative that this is a case of a defaulter debtor abusing the legal process not to pay. It is not.”

    The Confession and the Child

    Havi’s most incendiary disclosure is not the naming of Lady Justice Josephine Wayua Wambua Mongare as the alleged beneficiary of the Sh10.4 million bribery scheme. It is what he added about the personal relationship alleged between the judge and one of the men arrested on March 9, 2026 by the Ethics and Anti-Corruption Commission.

    “One of the men arrested on Monday soliciting for a bribe represented that he has a child with the judge on whose behalf he was soliciting,” Havi wrote. He did not name which of the four arrested suspects made this claim. The EACC has confirmed that former High Court judge Joseph Mutava, advocate Kimani Wachira and two other individuals were taken into custody and processed at the Integrity Centre Police Station in Nairobi. The commission has said the matter will be forwarded to the Director of Public Prosecutions for charging. It has not addressed the claim about the child.

    Havi has separately stated, in what amounts to direct attribution, that Mutava confessed to investigators that he was collecting the money on behalf of Mongare.

    The significance of this claim is structural. Mutava was removed from the High Court bench in 2016 following a tribunal chaired by David Maraga that found him to have improperly handled cases, including a matter involving businessman Kamlesh Pattni. His removal was upheld by the Supreme Court.

    A man with that record, allegedly dispatched by a sitting judge to collect money from a litigant on the day that judge delivers her ruling in his case, is not a peripheral detail in the story of how the Kenyan judiciary functions. It is the story.

    Mongare has not commented. Her chambers have issued no statement. The Chief Justice’s office has been silent. The JSC has produced nothing. Mongare continues to sit as a judge of the Commercial and Tax Division at Milimani, her cases proceeding on schedule, as if none of this exists.

    The Forgery Allegation: A Senior Counsel and a Leading Law Firm

    The second strand of Havi’s expanded statement concerns the integrity of the documents on which the entire case was built. Addressing those who frame the Tuju dispute as a simple matter of debt evasion, he asked: “Why are you disregarding the forgery of documents filed in Court by a Senior Counsel in a leading Ivy League Law Firm?”

    He did not name the firm or the counsel in this particular post.

    But the identity of the Senior Counsel concerned is already a matter of public record, established by Tuju himself in a formal complaint submitted to the Directorate of Criminal Investigations in February 2026.

    Tuju named Senior Counsel Fred Ojiambo of Kaplan and Stratton Advocates as the subject of his report, accusing Ojiambo of fabricating evidence and filing false affidavits in cases linked to the East Africa Development Bank.

    Tuju’s complaint to the DCI alleged that Ojiambo’s conduct amounted to fabricating evidence contrary to Section 113 of the Penal Code, conspiracy to defeat justice contrary to Section 117 and providing false information to a public servant contrary to Section 129.

    He accused Ojiambo of invoking what he characterised as a non-existent diplomatic immunity for the EADB at the High Court, a manoeuvre Tuju alleged had caused proceedings in a related Magistrates Court matter to stall for over a year. He also alleged that the false affidavits filed in the EADB dispute bore resemblance to documents previously submitted at the Supreme Court level in the proceedings against him and his company, Dari Limited.

    Ojiambo denied the allegations when contacted by media, stating that he had never forged court documents or affidavits. The DCI confirmed it had received Tuju’s complaint and would make recommendations to the DPP. No charges have been filed.

    But the complaint sits on the public record, now amplified by Havi’s platform, and it answers the specific question that commentators and legal bloggers have persistently raised: if Tuju’s dispute is simply a debt he cannot pay, why is he making allegations about forged documents? According to Havi, and now according to a DCI complaint with specific penal code references, the answer is that the documents may not all be genuine.

    The timing of this allegation is notable because of what else was happening inside the courtroom during the same period.

    In November 2025, before Justice Mongare in an application by Dari Limited seeking to reopen the enforcement question, the EADB’s own former Kenya Country Manager, David Odongo, took the stand and, according to Tuju’s account of his testimony, completely recanted the affidavit evidence he had previously filed.

    Tuju described this as newly discovered material capable of altering the entire outcome of the matter. Justice Mongare dismissed the application on March 9, 2026, ruling that the recanted evidence was neither new nor capable of altering her earlier findings and that the matter was barred by res judicata and sub judice principles.

    For Havi, the sequence in which a bank officer recants his sworn evidence, a Senior Counsel is accused of forgery, and the court nevertheless proceeds to grant the bank’s position in full on the same day that the presiding judge’s alleged bagman is arrested outside does not resolve as a coincidence. It resolves as a system.

    The Arbitration: Corrupting the Foundation

    The third element of Havi’s argument is the most legally sophisticated, and the one with the largest structural consequences if pursued. He asked, with visible impatience, why commentators were “ignoring the uncontested allegations of corruption between the arbitrator and one of the parties together with its Advocate” in the English proceedings that produced the foundational award.

    The dispute’s genesis in English courts is well established in the public record. The East African Development Bank obtained a judgment from the High Court of Justice in England in June 2019, after arbitration proceedings, ordering repayment of over USD 15 million arising from a loan facility agreement signed in April 2015 between the bank and Tuju’s company, Dari Limited.

    That judgment was recognised and registered in Kenya in 2020, upheld by the Court of Appeal in 2023, and allowed to stand by the Supreme Court’s refusal to suspend enforcement. Every Kenyan court to have considered the matter has treated the English award as valid, final and enforceable.

    Havi’s position, delivered without qualification, is that the award is not valid. His legal basis for that position is elementary and well-established in international arbitration jurisprudence: an award or judgment obtained by corruption is null and void. This is not a controversial proposition.

    The principle that corruption vitiates an arbitral award is deeply embedded in the public policy exception to enforcement recognised in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which Kenya has ratified.

    It is the principle on which Nigeria succeeded in the English High Court in 2023 in overturning an USD 11 billion arbitration award in the P&ID case, where the court found that the award had been obtained through the most severe abuses of the arbitral process.

    Havi has further pointed to what he described as cases where securities given for lending have been exempted from realisation through auctions or private treaties on account of corruption, fraud, unfairness and unconscionableness on the part of the bank.

    He grounded this in a reference to the Supreme Court Act, noting that it initially contained a section for the invalidation of a judgment of a judge removed from office for unsuitability to serve, a section that was, in his words, “removed mysteriously.”

    The implication is that the legislative architecture which would have provided a direct remedy for a corrupted judgment was deliberately dismantled, and that the absence of that provision now forces the courts to rely on more cumbersome paths to the same destination.

     

    Whether Tuju’s legal team can produce the evidence necessary to ground a corruption challenge to the English award is a question that will determine the future of this litigation. But Havi’s point is prior to that evidentiary question. He is asking why the institutional commentators, the bar association, the Judiciary, the media, are treating the award as sacrosanct when its procurement has been publicly alleged to be corrupt and those allegations have not been contested on the merits.

    The Debt Argument: ‘Sisi Siyo Wajinga’

    Havi addressed directly the popular framing that Tuju is simply a debtor evading his obligations. He did not dispute that Tuju and his companies owe money. He made a more provocative and more interesting argument.

    “Listen friends and enemies, the issue is not whether Raphael Tuju and his companies are in debt or default. Everyone is. In fact, the Government of Kenya is in debt and in default,” he wrote. He asked whether the conclusion to be drawn is that goons should be sent to government offices, and everyone in debt should face corruptly obtained auction orders.

    He turned to the specific buyers who allegedly arrived at the Karen property claiming to have purchased it: Mr Chebet, Mr Kiprono and Mr Kiprop, named by Tuju himself. “You want to tell me that it is only Kiprono, Kiprop and Chebet who have billions of shillings in the collapsed economy to buy someone’s hotels in an auction when everyone, including the Government of Kenya where they serve and/or are doing business with, are broke? Sisi siyo wajinga ma Fren.”

    The argument is not legally technical. It is politically shrewd. In an economy where the government has repeatedly acknowledged its own fiscal distress, where debt service consumes the majority of the national budget and Treasury bills are sold to bridge monthly salary obligations, the emergence of private buyers with the immediate liquidity to acquire multi-billion shilling properties at distressed auction prices invites questions about the origin of that capital that no court in the country is currently asking. Havi is asking them in public.

    His framing also serves a secondary purpose. By establishing that debt and default are universal conditions in the current Kenyan economy, he dissolves the moral framework in which the bank, the auctioneers and the court are cast as enforcers of legitimate commercial order against an unworthy debtor.

    If the enforcement mechanism is itself corrupt, from the arbitration through the documents through the judge through the commission, then the identity of Tuju as a debtor becomes irrelevant to the question of whether the process is legitimate.

    The JSC: A Commission That Watches and Does Nothing

    The Judicial Service Commission received a public allegation from a Senior Counsel on a verified social media platform stating that a sitting judge was the intended recipient of a criminal bribe in an active case. It has said nothing. This is not unusual. The commission has a documented history of inaction in the face of specific, evidenced complaints about individual judges, including complaints filed by Havi himself.

    In July 2025, Havi filed a formal sworn petition seeking the removal of Lady Justice Mongare over her conduct in a separate commercial matter.

    In January 2025, he filed a formal petition seeking the removal of Justice Alfred Mabeya over a pattern of conduct in the Commercial Division that Havi described as gross misconduct and misbehaviour. In August 2025, the JSC dismissed the Mabeya petition on jurisdictional grounds.

    The Mongare petition produced no recorded outcome. Havi’s allegation this week is that both judges bribed their way clear of formal accountability, rendering the commission not a safeguard against judicial corruption but its most reliable protection.

    The Mabeya complaint record adds texture that the JSC has not been required to account for publicly. A 2015 complaint against Mabeya was withdrawn after the complainant was, according to reporting at the time, financially induced to abandon it.

    A 2020 petition seeking his removal was similarly withdrawn in circumstances that were never explained. In December 2024, Havi named specific Senior Counsel who he alleged had never lost a case before Mabeya, suggesting a structured commercial relationship between the judge and certain practitioners in the Commercial Division.

    The JSC received Havi’s formal petition in January 2025 and disposed of it in August 2025 on grounds that kept the substance of the allegations entirely unexamined.

    If Havi’s characterisation of the commission is accurate, then the body constitutionally charged with maintaining judicial integrity has been converted into a mechanism for laundering judicial corruption. Complaints enter. Money changes hands. Complaints exit, classified as jurisdictionally defective or lacking in merit. The judges return to their benches. The cases continue. The auctioneers arrive.

    Tuju at the Wall

    Raphael Tuju stood at the gate of his Dari Business Park on Ngong Road this week and delivered the statement of a man who has decided that the language of law cannot reach him any further. “They will have to kill me first and organise a big burial for me in Rarieda before they take this property.” He has litigated in London.

    He has appealed in Nairobi. He has petitioned the Supreme Court. He has filed complaints with the Land Registrar, the DCI, the EACC. He has watched his applications dismissed. He has watched property transfers proceed through what he alleges were subsisting court orders.

    He has watched a DCI officer escort buyers from Ultra Eureka Limited to his premises in January 2025. He has watched a bank official who swore affidavits against him recant those same affidavits on the witness stand, only for the recantation to be classified as evidence that could not alter the outcome.

    And now he has watched a former judge be arrested at his gate, claiming to collect money for the judge inside.

    Nelson Havi’s warning is the one that the legal establishment most needs to hear, even if it is the one least likely to be acknowledged.

    When a man who has exhausted every available legal remedy concludes that the institutions are not failing him by accident but by design, and when a Senior Counsel with three decades of standing says publicly that he agrees, the conversation has moved beyond procedural reform and entered the territory of constitutional emergency.

    The Judicial Service Commission has not spoken. Lady Justice Mongare has not spoken. The Chief Justice has not spoken.

    Kenya’s courts have a long tradition of demanding that litigants trust the process. Raphael Tuju has trusted the process. He trusted it in London in 2019. He trusted it in Nairobi in 2020. He trusted it before the Court of Appeal in 2023.

    He trusted it before Justice Mongare’s bench on March 9, 2026, the day she dismissed his case and the day the EACC arrested the man who allegedly told investigators he was collecting money for her. Whatever the process has been doing with that trust, it has not been using it to produce justice.

  • Named: Havi Says Mutava Confessed He Was Collecting The Bribe For Lady Justice Josephine Mongare, So Why Is JSC Still Silence?

    Named: Havi Says Mutava Confessed He Was Collecting The Bribe For Lady Justice Josephine Mongare, So Why Is JSC Still Silence?

    The story of the Tuju property dispute has taken many dramatic turns over the decade it has consumed the Kenyan legal system. It has wound through courts in London and Nairobi.

    It has produced a UK judgment, a Kenyan enforcement order, Court of Appeal affirmations and a Supreme Court refusal to suspend execution. It has generated receivership proceedings, auctioneer deployments and police-escorted property visits.

    But nothing in the preceding ten years of litigation matches what Nelson Havi, Senior Counsel and former president of the Law Society of Kenya, placed on public record this week when he posted a single, detonating claim on his verified social media account.

    Havi stated, without qualification and without apparent concern for the personal jeopardy in which such a statement might place him, that former High Court judge Joseph Mutava had confessed to investigators that he was collecting the Sh10.4 million bribe on behalf of Lady Justice Josephine Wayua Wambua Mongare, the presiding judge of the very commercial dispute in which the money was allegedly being solicited.

    “Joseph Mutava (he used to be a Judge) confessed that he was collecting the bribe on behalf of Lady Justice Josephine Mongare,” Havi wrote. Then he turned to the institution built to police the bench: “Why has the JSC not taken action or issued a statement on the matter?”

    The question landed on a Commission that, as of the time of publication, had produced no response. Not a statement of receipt. Not a notice of investigation. Not even a procedural assurance that it was aware of the allegation.

    The Judicial Service Commission, the constitutionally mandated guardian of judicial integrity, has been publicly informed by a senior advocate of 30 years’ standing that a sitting High Court judge was the intended recipient of a bribe in an active commercial matter. Its response, so far, is silence.

    The Confession That Changes Everything

    To understand why Havi’s post is not merely incendiary commentary but a statement of profound legal consequence, it is necessary to recall the sequence of events on Monday, March 9, 2026. On that day, Ethics and Anti-Corruption Commission detectives arrested Mutava, advocate Kimani Wachira and two other suspects at Tuju’s Karen property, where Tuju alleged they had arrived claiming to act on behalf of a judge and seeking money to influence the outcome of his case.

    The EACC confirmed the arrests, describing the alleged demand as USD 80,000, approximately Sh10.4 million, to influence a commercial dispute before the High Court.

    Also on that same day, Justice Josephine Mongare delivered her ruling in the matter of Dari Limited and Raphael Tuju versus the East African Development Bank and Garam Investment Auctioneers.

    She struck out the amended plaint filed by Tuju and Dari Limited, describing it as what she called a blatant abuse of court process meant to frustrate lawful recovery efforts after years of default and litigation. The way was cleared for auctioneers to proceed against Tuju’s Entim Sidai Wellness Sanctuary and properties linked to Dari Business Park.

    The ruling and the arrests occurred on the same calendar date.

    If Havi’s account of Mutava’s confession is accurate, and Havi has made this claim as a named Senior Counsel on a verified public platform, then the money was being solicited by a man now claiming to carry the instruction of the judge who, within hours, was disposing of the case.

    The logical consequences of that sequence, if the confession is corroborated, are of a gravity that the EACC, the JSC and the Director of Public Prosecutions will need to confront in the most direct terms.

    A Prior History the JSC Has Already Seen

    For those tracking Havi’s relationship with both Mongare and Justice Alfred Mabeya, the second half of his post carries equal weight.

    Having demanded accountability from the JSC over the Mutava confession, he added a statement that reads as a prosecutorial indictment of the commission itself: “The last time a complaint against her and Mr Justice Alfred Mabeya was made to the JSC, the two bribed their way out.”

    That is not a vague allegation. The JSC complaint against Lady Justice Mongare is a matter of documented public record. In July 2025, Havi filed a formal petition to the Judicial Service Commission, sworn on affidavit, seeking the removal of Justice Mongare from the bench over her conduct in case HCCCOMM/E610/2024, a dispute between Gikomba Business Centre Limited and Pumwani Riyadha Mosque Committee.

    Havi described her handling of the matter as gross misconduct, misbehaviour and incompetence, and declared that the injury to his clients could only be remedied by her removal. The JSC received the petition. Nothing of consequence followed.

    The complaint against Justice Mabeya runs deeper and further back. In December 2024, Havi publicly named two senior advocates who he alleged had never lost a case before Mabeya at the Milimani Commercial and Tax Division, suggesting an industry of judicial corruption linking the judge to specific practitioners.

    In January 2025, the JSC received a formal petition from Havi alleging gross misconduct and misbehaviour against Mabeya. That petition joined a separate complaint filed in December 2024 by Edwin Harold Dande raising similar concerns. In August 2025, the JSC dismissed Havi’s petition against Mabeya, ruling that the application amounted to an invitation to the commission to sit on appeal over a matter already determined, which fell outside its jurisdiction.

    What Havi is now alleging, in terms that his standing as a senior advocate makes impossible to simply dismiss, is that the dismissal of his petition against Mabeya was not a jurisdictional finding.

    It was the product of bribery. That the commission, which is constitutionally charged with safeguarding judicial integrity, was itself corrupted in the process of evaluating a complaint about a corrupt judge. And that the same fate now awaits any complaint about Mongare, unless the arrest of Mutava and his alleged confession have altered the calculus in ways that even the JSC cannot navigate around.

    Mongare’s Rulings: A Trail Through the Tuju Matter

    Lady Justice Josephine Wayua Wambua Mongare was appointed to the High Court in 2022, assigned to the Commercial and Tax Division at Milimani. She holds a Master of Laws degree from Loyola Law School in Los Angeles, a Bachelor of Laws from the University of Nairobi and a postgraduate diploma from the Kenya School of Law. Before the bench she had served as a senior partner and as a governance consultant for the United Nations Office on Drugs and Crime, the Red Cross and UNICEF. The record of her appointment is one of considerable professional distinction.

    Her engagement with the Tuju property dispute has been the most consequential of her tenure.

    The dispute originates in a loan facility agreement signed in April 2015 between Dari Limited, Tuju’s company, and the East African Development Bank. After default, the High Court of Justice in England ordered repayment of over USD 15 million in June 2019. That judgment was recognised by Kenyan courts in 2020, upheld by the Court of Appeal in 2023, and left intact when the Supreme Court declined to suspend enforcement. The path to auction of Tuju’s Karen properties, the Dari Business Park on Ngong Road and the Entim Sidai Wellness Sanctuary, had been confirmed at every level of the judicial hierarchy before the matter returned to Mongare’s bench.

    In May 2025, Mongare had issued interim orders halting the auction.

    She extended protections and maintained the status quo, a posture that Tuju’s lawyers welcomed as evidence that their client’s applications were being taken seriously.

    But the orders proved fragile. Tuju’s court filings alleged that a transfer of title to one of the properties was processed in November 2024 and completed in February 2025 while her orders were still in force. He reported the violation to police. He wrote to the Chief Land Registrar.

    He alleged that a DCI officer accompanied buyers from Ultra Eureka Limited to the property in January 2025.

    None of these interventions produced relief before Justice Mongare.

    Her ruling of March 9, 2026 was categorical. She found that the issues raised by Tuju and Dari Limited had already been adjudicated and were res judicata. The amended plaint was struck out. The bank’s recovery process was cleared to proceed.

    That ruling arrived on the day detectives were arresting men who, if Havi’s account of the confession is accurate, had been dispatched to collect money on her behalf.

    Tuju at the Gate

    Raphael Tuju.

    Raphael Tuju’s response to the unfolding situation has been the response of a man who believes the courts have become the machinery of his destruction. Standing at the disputed Dari Business Park this week, he told journalists that individuals identifying themselves as Mr Chebet, Mr Kiprono and Mr Kiprop had arrived claiming to have purchased the property. He accused them of intimidation. He said the ownership dispute remained live in court. And then he delivered the statement that has circulated across Kenya’s legal and political classes with the velocity of something that cannot be unsaid.

    “They will have to kill me first and organise a big burial for me in Rarieda before they take this property,” Tuju said. It is the declaration of a man for whom the language of law has been exhausted and replaced by the language of physical survival.

    That a former Cabinet secretary, a former member of Parliament, a man who has contested his dispossession through every tier of the Kenyan and international judicial system, has arrived at this formulation, is a statement about the state of the courts that no bar association communique or JSC press release can adequately absorb.

    Tuju’s identification of the arrested suspects as individuals claiming to act on behalf of a judge was the thread that the EACC pulled.

    The arrests that followed gave investigators Mutava, Wachira and two others. Mutava was released on Sh200,000 police cash bail alongside his co-suspects.

    The EACC confirmed it would forward the completed investigation to the Director of Public Prosecutions for review and potential charging. The DPP has not yet indicated whether the confession reported by Havi forms part of the material before it.

    The Anatomy of a Captured Commission

    Havi’s second accusation, that the JSC allowed both Mongare and Mabeya to bribe their way out of previous complaints, is the more structurally devastating of his two claims.

    The EACC arrest of Mutava is a criminal matter. It will produce a prosecution or it will not. But the allegation that the institution responsible for judicial discipline is itself corruptible, that complaints about judges are resolved not through due process but through the financial persuasion of commission members, is an allegation about the entire architecture of judicial accountability in Kenya.

    The Mabeya record gives the allegation specific texture.

    A 2015 JSC complaint against Mabeya was withdrawn by the complainant after the judge’s accusers were unable to produce evidence. Mabeya denied all wrongdoing.

    In 2020, a second petition seeking Mabeya’s removal was filed and subsequently withdrawn, with reporting at the time suggesting the petitioner had been financially induced to abandon the complaint. In December 2024, Havi named specific advocates alleged to have an unbroken winning record before Mabeya, raising structural questions about the relationship between the judge and those practitioners. In January 2025, the JSC received Havi’s formal petition. In August 2025, the commission dismissed it, citing jurisdictional grounds.

    Havi’s characterisation of that sequence as bribery, and his linking of the Mongare complaint to the same pattern, means that he is not merely alleging that individual judges are corrupt.

    He is alleging that the mechanism for holding corrupt judges accountable is under the control of those same judges. That the JSC is not a check on judicial corruption but a clearing house for it.

    This is an allegation of constitutional dimension. It is also an allegation that, if true, explains everything about the Tuju case that has so far defied explanation: why protections granted were not enforced, why property transfers proceeded through ostensibly subsisting orders, why no action was taken against those who allegedly violated court directions, and why a man who has litigated his case at every available level still finds himself facing auctioneers at his gate.

    The Question That Demands an Answer

    At the time of publication, the Judicial Service Commission has not issued any statement about Nelson Havi’s public allegation that Joseph Mutava confessed to collecting a bribe on behalf of Lady Justice Josephine Mongare.

    Justice Mongare has not commented. The JSC Chairperson has not commented. The Office of the Director of Public Prosecutions has not indicated whether the confession is part of its review file. The Chief Justice, whose office carries constitutional responsibility for the supervision of the judiciary, has been silent.

    Lady Justice Josephine Mongare is a sitting judicial officer. She has not been charged with any offence. She has not been suspended.

    She has not been called before any tribunal. She is, as far as the formal record shows, an active member of the Commercial and Tax Division bench at Milimani, available to preside over commercial disputes involving Kenyan citizens and foreign institutions alike.

    What the formal record also shows is this: a disgraced former judge has been arrested and is alleged by Kenya’s most prominent accountability lawyer to have confessed that the money he was collecting was for her.

    A JSC complaint about her conduct was filed months ago and produced no outcome.

    A parallel complaint about her alleged colleague in corruption was dismissed in circumstances that Havi describes as the product of bribery.

    And the ruling that cleared the way for a former Cabinet secretary to be evicted from his property was delivered on the same day as the arrests, by the same judge whose name now sits at the centre of Kenya’s most explosive judicial scandal in a generation.

    Nelson Havi has asked why the JSC has taken no action. It is the right question, and it deserves an answer in public, under oath, and without further delay.

    UPDATE:

    Tuju has been allowed to appeal a High Court ruling that cleared the way for the auction of his Karen properties over a Sh1.9 billion debt dispute.

    Justice Josephine Mongare certified his application as urgent and granted him and his company Dari Limited leave to appeal the March 9 ruling.

    However, the court declined to stop the execution of the decision, meaning the properties could still be auctioned as the case proceeds.

    The matter will be mentioned again on March 17 for further directions.

  • THE FIRM IN THE DOCK: How Kaplan and Stratton Became the Most Scrutinised Law Firm in Kenya

    THE FIRM IN THE DOCK: How Kaplan and Stratton Became the Most Scrutinised Law Firm in Kenya

    In the annals of Kenyan legal history, few institutions have carried the weight of Kaplan and Stratton Advocates with as much quiet authority as that firm has for decades.

    Founded in the colonial era and now commanding a client portfolio that spans blue-chip corporations, international development banks, insurance conglomerates and the country’s wealthiest families, it has long projected an image of impeccable legal craftsmanship.

    That image is now in serious jeopardy.

    Within the space of a single week in February 2026, two senior partners of the same firm have found themselves at the centre of separate but thematically identical storms: allegations of document fraud, manufactured evidence and the manipulation of Kenya’s highest judicial processes for private gain.

    The convergence of these two matters has sent tremors through the Nairobi bar and raised questions that will not be easily answered about the culture, oversight and accountability within one of the country’s most prestigious commercial law practices.

    THE DEAD MAN’S SIGNATURE

    The first and more advanced of the two matters concerns the estate of James Boro Karugu, Kenya’s second Attorney General, who died on November 9, 2022, aged 86. Karugu was, by every account, a man of towering legal intellect and fierce personal integrity.

    He had resigned as Attorney General under President Daniel arap Moi on June 2, 1981, just fifteen months into the role, rather than bend his principles to the pressures of the administration.

    He retreated to Kiamara, his coffee farm in Kiambu, named his holding company Mathara Holdings after the syllables of his late wife Margaret Githara’s name, and spent four decades quietly building one of the most substantial private estates in the country’s history.

    That estate, when it came to be contested in the courts, encompassed over 753 acres of land spread across Nairobi, Nakuru, Murang’a, Kwale and Kiambu Counties, Treasury bonds valued at Sh404.7 million, shares in Kenya Power, Nation Media Group and Maramba Holdings, as well as a commercial building along Kenyatta Avenue in Nairobi’s central business district. Control of Mathara Holdings and its ten subsidiaries forms the beating heart of the dispute.

    Weeks after Karugu was buried at his Kiamara farm, a will dated April 2, 2014 was presented to family members at a hotel in Kiambu.

    Alongside it came a trust deed establishing the JBK Foundation, a vehicle that, if recognised by the courts, would place the entirety of Karugu’s assets not directly distributed by the will into a trust administered by named executors. The documents were unknown to the family during the former AG’s lifetime and emerged only after his burial.

    Victoria Nyambura Karugu, the former Attorney General’s firstborn daughter, who had managed the family’s business affairs as Chief Executive of Mathara Holdings after her father’s dementia took hold in 2015, was having none of it.

    She told investigators the documents were fabrications.

    She pointed to a 2010 will drawn up by Patel and Patel Advocates as representing her father’s authentic last wishes. And she lodged a formal complaint with the Directorate of Criminal Investigations.

    What followed that complaint was, by the account of investigators, one of the more disturbing forensic discoveries in recent Kenyan legal history.

    Chief Inspector Duncan Maina, acting on behalf of the DPP and the DCI, filed an affidavit in the High Court detailing how forensic examiners discovered that the questioned documents bore grammatical errors, arithmetic mistakes, spelling blunders and erratic page numbering suggesting the documents had been assembled from multiple sources.

    The execution page allegedly bore deliberate obscurity concealing its page number, raising red flags about tampering.

    “The impugned Will and Trust Deed as presented bear several drafting concerns that do not resonate with professional standards of a man of the stature of the deceased, an impeccable lawyer and second Attorney General of the Republic of Kenya,” investigators stated in their affidavit. The initials appearing on all pages of the two questioned documents, attributed to Karugu, were declared a forgery.

    Witnesses gave conflicting accounts of the will’s execution, with some admitting they signed on different days. Crucially, none could confirm witnessing the settlor or other trustees sign the document, a fundamental requirement for valid execution.

    One of the petitioners initially resisted producing the original documents for forensic examination before eventually surrendering copies. The examiner found that the questioned initials and signatures were not those of James Boro Karugu.

    On December 23, 2025, the Director of Public Prosecutions approved charges for forgery, uttering false documents and conspiracy to defraud. Six individuals were to face prosecution.

    Among those named were Karugu’s son Eric Mwaura Karugu, Jane Wangechi Kabiu, William Kimani Richu, Eliud Mwaura Gatambia, Joshua Mwaura Kimani and lawyer Peter Mbuthia Gachuhi, a senior partner at Kaplan and Stratton.

    THE LAWYER WHO BARELY KNEW THE MAN

    The inclusion of Peter Mbuthia Gachuhi in the list of suspects is not simply sensational. It is, to those who have followed this succession battle, the logical culmination of a pattern that Nyambura Karugu had been pointing to for some time.

    Gachuhi, together with Joshua Mwaura Kimani and Eliud Mwaura Gatambia, had filed a petition for a grant of probate on July 5, 2023, through Kaplan and Stratton Advocates, seeking permission for the three to execute the contested will.

    Nyambura alleged that Gachuhi had met her father only once in the eight years preceding his death, was not present at his funeral or memorial service, and was not a close friend or confidant of the former Attorney General.

    She further alleged a conflict of interest with damning precision.

    Gachuhi and Kaplan and Stratton had previously represented Karugu in 2016 when Lucy Githire Muthoni claimed to have been married to the former Attorney General.

    The firm was also instructed in a similar claim by another woman, Wambui Mwangi. In that matter, they were instructed to deny all claims but also to seek a settlement confirming that Muthoni and Karugu had never been married.

    For Nyambura, a lawyer who had represented the man in such intimate personal matters and was now presenting himself as the executor of the man’s estate under a will of highly questionable authenticity presented a conflict that went well beyond the merely procedural.

    In a separate affidavit filed in the constitutional petition proceedings, Nyambura alleged that the motive of Senior Counsel Fred Ojiambo and Kaplan and Stratton was to be found in what she described as a very profitable retainer by the purported executors of the forged will and trust deed.

    Lawyer Fred Ojiambo.
    Lawyer Fred Ojiambo.

    She argued that the assets of the deceased would be placed under the direct control of Kaplan and Stratton until their full depletion, to the grave prejudice of the legitimate beneficiaries.

    THE ATTEMPT TO SILENCE THE STATE

    When it became clear that prosecution was imminent, the six suspects moved.

    On January 19, 2026, they secured ex parte conservatory orders from the High Court, restraining the DPP and the DCI from summoning, arresting or charging them in relation to the will.

    The orders were obtained, according to lawyers representing Nyambura, shortly before the suspects were due to be arraigned. Murgor and Murgor Advocates wrote to the DPP characterising the timing as deliberate and designed to pre-empt imminent prosecution.

    The letter also accused Fred Ojiambo of previously obstructing investigations by declining to produce the original will for forensic examination.

    In correspondence dated May 12, 2025, Ojiambo had reportedly claimed that the document was being held by his firm under the authority of the succession court, a claim the complainant’s lawyers characterised as false.

    They argued that no court order existed authorising the firm to withhold the document and that the conduct amounted to interference with lawful investigations.

    When the matter came before Justice Bahati Mwamuye, it was Ojiambo himself who appeared in court on behalf of Gachuhi and the other petitioners.

    He told the court he had not been served with the relevant documents. The judge directed that the matter be mentioned on March 16 for further directions.

    The Attorney General, Dorcas Oduor, has now formally entered the arena on the side of the prosecution.

    In grounds of opposition dated February 17, 2026, she urged the Constitutional and Human Rights Division of the High Court to dismiss the petition by Gachuhi and his co-petitioners, arguing that criminal investigations cannot be stopped merely because succession proceedings are ongoing.

    The State was blunt in its characterisation of the petition.

    It described the application seeking conservatory orders as incompetent, misconceived and an abuse of the court process.

    It argued that the existence of High Court Succession Cause No. E916 of 2023 does not bar investigators from probing whether criminal offences were committed. It reminded the court that the Family Division has no jurisdiction to determine criminal culpability, including offences such as forgery.

    The AG stated that forgery is a criminal offence under the Penal Code and cannot be resolved in a family or succession court, adding that the existence of a succession case does not stop criminal investigations.

    THE SECOND STORM: TUJU AND THE BILLION-SHILLING PROPERTY

    Before the ink had dried on the Attorney General’s opposition papers in the Karugu matter, the firm found itself facing a second and separately explosive allegation.

    On February 16, 2026, former Cabinet Secretary and Jubilee Party Secretary General Raphael Tuju walked into DCI headquarters and formally recorded a criminal complaint against Senior Counsel Fred Ojiambo, the most senior lawyer at Kaplan and Stratton and the very same advocate who had appeared in court the previous day to defend Gachuhi.

    Raphael Tuju.
    Raphael Tuju.

    At the centre of Tuju’s complaint is a prime property in Karen valued at Ksh 1.5 billion.

    The dispute traces its origins to a commercial loan extended by the East African Development Bank to Tuju’s company, Dari Ltd, and enforcement proceedings the bank subsequently initiated against the property.

    What began as a loan dispute has, in Tuju’s account, metastasised into something far more sinister.

    Tuju told journalists outside DCI headquarters that he had written to the DCI ten days prior to personally presenting himself and had arrived bearing what he described as documentary evidence of criminal conduct by Ojiambo.

    At the core of his allegations was a claim that Ojiambo and other advocates at the firm had procured and manufactured falsehoods from a former Kenya Country Manager of the East African Development Bank and deposited those fabricated falsehoods in sworn affidavits filed before both the High Court and the Supreme Court of Kenya.

    He alleged the affidavits were presented as having been properly commissioned before a Commissioner for Oaths when they were no such thing.

    If that allegation is established, it would mean that sworn documents presented to Kenya’s apex court were fraudulent.

    Tuju also alleged that Ojiambo had persuaded the High Court to recognise a diplomatic immunity claim on behalf of the East African Development Bank, an immunity that Tuju flatly asserts does not exist in law, thereby freezing a separate criminal matter before the Magistrates Court for over a year.

    Most dramatically, he told investigators of what he described as a fake international warrant of arrest emanating from a Ugandan magistrate’s court and deployed against him as an instrument of intimidation.

    Ojiambo, reached for comment, dismissed the allegations with equanimity. “We haven’t falsified any affidavit on any matter whatsoever,” he said. He maintained he was unaware of the specifics of Tuju’s complaint at the time but denied categorically that he or his firm had engaged in any of the alleged conduct.

    Tuju was not prepared to extend the same courtesy.

    Standing outside DCI headquarters with his lawyer Duncan Okach at his side, he delivered what has since become one of the most quoted lines in recent Kenyan legal discourse. “Fred Ojiambo is a Bible-carrying fraud with a fake British accent,” he declared.

    He then deliberately drew a line between the two crises afflicting the same firm.

    He noted that Gachuhi, his colleague at Kaplan and Stratton, was already facing prosecution over the alleged forgery of former Attorney General Karugu’s will and asked, pointedly, what this said about the institution they both called home.

    “If this can happen to persons like the late former AG James Boro Karugu and me, who have had the privilege of serving this country in high office, what is the situation for other Kenyans who cannot afford to engage teams of lawyers?” Tuju said.

    A FIRM UNDER THE LENS

    Kaplan and Stratton has not issued any formal institutional statement in response to either matter. The firm’s website continues to list both Ojiambo and Gachuhi among its senior practitioners without amendment.

    Ojiambo is described as Senior Partner and Gachuhi as Partner, with his practice areas spanning civil litigation, banking, competition law and arbitration. He was admitted to the bar in 1990 and is a Fellow of the Chartered Institute of Arbitrators.

    The convergence of these allegations against practitioners of the same firm within a single week has raised uncomfortable questions for Kenya’s legal establishment that go beyond the guilt or innocence of any individual.

    They touch on the adequacy of internal governance structures within large commercial law firms, the conflicts of interest that can arise when a firm simultaneously advises an individual client and later seeks to profit from that client’s estate, and the capacity of Kenya’s criminal justice system to hold members of the bar to the same standard it holds everyone else.

    The Law Society of Kenya has not publicly commented on either matter.

    WHAT COMES NEXT

    The constitutional petition filed by Gachuhi and his co-petitioners is scheduled for further directions before Justice Bahati Mwamuye on March 16, 2026. The succession cause concerning Karugu’s estate is also due for mention in March.

    The DCI complaint by Tuju against Ojiambo is at the investigative stage, and no charges have been preferred. Both Ojiambo and Gachuhi are entitled to the presumption of innocence and have denied wrongdoing.

    But the trajectory of both matters is clear enough. The State has made its position known. The Attorney General has described the attempt to halt the Karugu prosecution as an abuse of process.

    The DCI has before it a formal complaint implicating a Senior Counsel in manufactured affidavits placed before the Supreme Court.

    And two daughters of a man once described as Kenya’s most principled Attorney General are watching a legal institution attempt to inherit their father’s empire.

    For James Boro Karugu, the barefoot boy who once sat in the gallery of the High Court mesmerised by men in white wigs, the irony is one that history will not easily forgive.

    Allegations reported in this article are contested and subject to ongoing judicial proceedings. All parties are presumed innocent unless and until found guilty by a court of competent jurisdiction.

  • Tuju Drops Forgery, Fraud Bombshell, Calls SC Fred Ojiambo A ‘Bible-Carrying Fraud With a Fake British Accent’

    Tuju Drops Forgery, Fraud Bombshell, Calls SC Fred Ojiambo A ‘Bible-Carrying Fraud With a Fake British Accent’

    Raphael Tuju has done what few men in this country dare to do. He has walked into the Directorate of Criminal Investigations, looked squarely into the face of Kenya’s legal establishment, and declared war.

    The former Cabinet Secretary and Jubilee Party Secretary General strode out of DCI headquarters on Monday, February 16, having formally recorded a statement against one of the most decorated lawyers in the land.

    Senior Counsel Fred Ojiambo of Kaplan and Stratton, a man who moves in the rarefied air of Kenya’s corporate elite, now finds himself the subject of a criminal complaint lodged by a man who is clearly not afraid of consequences.

    And Tuju, never one to whisper when he can roar, did not mince his words.

    “Fred Ojiambo is a Bible-carrying fraud with a fake British accent,” he thundered outside DCI headquarters, his lawyer Duncan Okach standing a measured step behind him.

    Lawyer Fred Ojiambo.
    Lawyer Fred Ojiambo.

    THE MAN, THE PROPERTY AND THE 1.5 BILLION SHILLING QUESTION

    At the centre of this seismic legal storm sits a prime property in Karen worth a staggering Ksh 1.5 billion. The Tuju family’s ownership of this piece of prime Nairobi real estate has been contested in a drawn-out war with the East African Development Bank (EADB), a regional lender that extended a loan to Tuju’s Dari Ltd and later moved to enforce securities against the property when repayment became contested.

    What began as a commercial dispute over loan terms and enforcement proceedings has, in Tuju’s telling, long since crossed into something far darker. He is not talking about interest rates or missed instalments anymore. He is talking about forgery, fabricated evidence, manufactured affidavits, phantom diplomatic immunity, and a fake international arrest warrant that he says came all the way from a Ugandan magistrate’s court.

    This is not a small claim.

    THE CRIMINAL COMPLAINT AT THE DCI

    Tuju told journalists that he had written to the DCI ten days before personally presenting himself to record his statement.

    He arrived bearing what he described as documentary evidence of criminal conduct by Ojiambo, a senior partner at Kaplan and Stratton, one of the oldest and most prestigious law firms operating in Kenya.

    At the core of his allegations is a claim that Ojiambo and other advocates at the firm “procured and manufactured many falsehoods” from a former Kenya Country Manager of the East African Development Bank and then deposited those fabricated falsehoods in sworn affidavits filed before both the High Court and the Supreme Court of Kenya.

    Tuju says these affidavits were presented as having been properly commissioned before a Commissioner for Oaths when, in his view, they were no such thing.

    If that allegation holds any water at all, it would mean that sworn documents presented to the highest court in the land were fraudulent. The implications for Kenya’s judiciary and legal profession would be catastrophic.

    “With his left hand, he is filing documents filled with lies in court in support of a scheme to wrongfully deprive my family and me of properties acquired through decades of hard work,” Tuju declared, his voice carrying the particular fury of a man who believes he is fighting not just for land, but for his life’s work.

    A THORN BY ANY OTHER NAME: THE KAPLAN AND STRATTON QUESTION

    Tuju saved particular venom for the public image of Kaplan and Stratton as an institution. The firm, he pointed out with theatrical derision, carries an internationally polished, British-sounding name and projects itself as a global corporate firm of impeccable standing.

    “It is wholly run by Kenyans,” he said, letting the observation land like a punch.

    He then went further, raising the spectre of another senior partner at the same firm, Peter Gachuhi, who is already facing prosecution over the alleged forgery of the will of the late former Attorney General James Boro Karugu. Tuju stopped short of legally linking the two matters but the insinuation was clear: where there is smoke this thick, somebody has been playing with fire.

    “If this can happen to persons like the late former AG James Boro Karugu and me, who have had the privilege of serving this country in high office, what is the situation for other Kenyans who cannot afford to engage teams of lawyers?” Tuju posed, framing his personal battle as something larger, a question of whether Kenya’s legal system belongs to the powerful or to everyone.

    THE PHANTOM IMMUNITY AND THE UGANDAN GHOST WARRANT

    Among the more extraordinary claims Tuju laid before investigators were two allegations that, if proved, would suggest a deliberate campaign to obstruct justice and intimidate a litigant into submission.

    First, he alleged that a separate criminal matter pending before a Magistrates Court had been frozen in its tracks for over a year after Ojiambo allegedly persuaded the High Court to recognise a diplomatic immunity claim on behalf of the East African Development Bank, an immunity that Tuju flatly says does not exist in law.

    Second, and more dramatically, he told investigators about what he described as a “fake international warrant of arrest” allegedly emanating from a Ugandan magistrate’s court, which he said was deployed against him to frighten him away from pursuing the matter.

    “Nothing but an attempt to intimidate me,” Tuju said, his jaw set.

    OJIAMBO FIRES BACK: ‘WE HAVE NEVER FALSIFIED ANY AFFIDAVIT’

    Fred Ojiambo, reached by phone for comment, was having none of it.

    The Senior Counsel, whose legal reputation spans decades of corporate and commercial practice in East Africa, dismissed Tuju’s claims with the quiet confidence of a man unconcerned by the storm gathering around him.

    “We haven’t falsified any affidavit on any matter whatsoever,” Ojiambo said flatly. “I cannot deny something I have not heard.”

    He added that he was unaware of the specifics of Tuju’s DCI complaint at the time of the call, but maintained that neither he nor his firm had engaged in any of the conduct alleged. His calm stood in sharp contrast to Tuju’s fire, and it will be for investigators and, ultimately, prosecutors or courts to determine which version of events bears scrutiny.

    WHAT HAPPENS NOW

    The DCI now sits with a complaint that directly implicates one of Kenya’s most prominent Senior Counsel in what would, if proved, amount to a serious subversion of justice at the highest levels of the country’s judicial hierarchy.

    Investigators must wade through court filings, commissioning records, correspondence chains and sworn documents across multiple proceedings in the High Court and the Supreme Court to determine whether the evidence Tuju has presented constitutes prosecutable criminal offences or whether it amounts to the highly emotional, highly charged output of a man who has been fighting this battle for years and has run out of civil remedies.

    The stakes could not be higher. The East African Development Bank is a regional institution backed by member states. Kaplan and Stratton is a cornerstone of Kenya’s corporate legal infrastructure. Fred Ojiambo is a Senior Counsel, a title conferred by the state on advocates of exceptional distinction.

    And Raphael Tuju is a former minister, a former ruling party secretary general, a man who sat at the tables of power and now stands outside the DCI insisting that power has been turned against him.

    “The fact that Ojiambo flashes the title of Senior Counsel must not be a license for him to lie with impunity, commit criminal offences, intimidate law enforcement and judiciary officers, and engage in the robbing of properties of Kenyans,” Tuju declared.

    As investigators sift through the mountain of documents he has placed before them, one thing is already certain. This matter has graduated from a property dispute into something that will test the character of Kenya’s legal system in ways that no boardroom negotiation ever could.

    The Karen property, the 1.5 billion shillings, the affidavits, the immunity, the warrant, the Bible. All of it now sits in the hands of the DCI.

    And Raphael Tuju is daring them to act.

  • LAND GRAB SCANDAL: Reinstated Lands Boss Nyandoro Linked to Illegal Transfer of Tuju’s Multi-Million Karen Property

    LAND GRAB SCANDAL: Reinstated Lands Boss Nyandoro Linked to Illegal Transfer of Tuju’s Multi-Million Karen Property

    David Nyambaso Nyandoro, a senior lands official temporarily reinstated by the Court of Appeal, is facing renewed scrutiny over his alleged involvement in the illegal transfer of property belonging to former Cabinet Secretary Raphael Tuju—despite an active court order prohibiting such action.

    Nyandoro, whose appointment as Chief Land Registrar was nullified by the Employment and Labour Relations Court in May 2024, has been accused by Busia Senator Okiya Omtatah of misconduct and contempt of court.

    The court had ordered Lands Cabinet Secretary Alice Wahome and Principal Secretary Nixon Korir to replace Nyandoro with Peter Mburu Ng’ang’a.

    However, Nyandoro managed to remain in office after securing a stay order from the Court of Appeal in July 2024, supported by the Attorney General, pending the outcome of his appeal.

    The controversy has deepened as Senator Omtatah, a party in the ongoing appeal, filed an application to introduce fresh evidence linking Nyandoro to the alleged unlawful transfer of Dari Business Park—a valuable property located in Nairobi’s Karen suburb.

    In his application, Omtatah requests the court to admit a new affidavit containing the additional evidence. “This Honourable Court do grant leave to the 2nd Applicant to adduce additional evidence… The said affidavit be admitted to the record and be deemed to have been filed and served,” the motion states.

    The senator argues that the evidence reveals serious breaches, including failure to perform legal duties and disregard for judicial orders.

    He claims it directly questions Nyandoro’s integrity and suitability for the position of acting Chief Land Registrar.

    Omtatah emphasizes that the evidence was not available when the appeal was originally filed.

    “Unless the court allows the new evidence, there is a real and imminent risk that the appeal will proceed without key information relevant to public interest, legal compliance, and the qualifications of a critical officeholder in land administration,” Omtatah warned.

    He further alleges that the disputed property transfer was executed in direct violation of a standing court injunction.

    In April 2024, the court had barred any sale or transfer of Tuju’s Karen property amid a legal dispute involving East African Development Bank and Garam Investments Auctioneers over a contested loan.

    That order was later extended on November 20, 2024, and again on February 6, 2025.

    Despite the injunction, Omtatah claims the Ministry of Lands proceeded with the transfer.

    Legal representatives were allegedly told at Ardhi House that the court order lacked the specific language required to be “registrable” by the Chief Land Registrar.

    Omtatah rejects this as a flawed interpretation of the law.

    “The Chief Land Registrar is legally obligated to recognize and act upon valid court orders,” Omtatah said, adding that Nyandoro’s conduct raises serious questions about his respect for the rule of law and his ability to serve in public office.

    He warned that failing to consider the new evidence could undermine the administration of justice and compromise the public interest.

    Tuju is currently fighting in court to prevent the auction of his Karen properties by the bank and auctioneers attempting to recover a disputed loan.

    Background: Previous Court Ruling on Nyandoro’s Appointment

    The Employment Court revoked Lands Principal Secretary Nixon Korir’s decision to appoint David Nyambaso Nyandoro as the Chief Land Registrar in May 2024.

    Justice Bryan Ongaya reinstated Peter Mburu Ng’ang’a as the Chief Land Registrar and barred both Lands Cabinet Secretary Alice Wahome and PS Korir, as well as the Public Service Commission, from interfering with his work.

    “An order of permanent injunction is hereby issued to restrain the PS and CS by themselves or by their agents from subjecting Mburu Ng’ang’a to unfair labour practices,” Justice Ongaya ordered.

    The judge found that Nyandoro’s appointment undermined the functions and powers of the Public Service Commission under Articles 243 and 233 of the Constitution.

    Ongaya nullified Korir’s letter dated November 17, 2023, that purported to appoint Nyandoro as Chief Land Registrar, ruling that all processes of his appointment were illegal and void.

    He found that Korir’s deliberate delay in implementing the PSC’s decision to appoint Mburu as Chief Land Registrar—a decision communicated to the PS on September 28, 2023—was without justifiable reason, unlawful, and contravened rights to fair labour practices and administrative actions under Articles 41 and 47 of the Constitution.

    The court upheld the PSC’s original decision appointing Mburu and directed that the Principal Secretary for Lands and Physical Planning immediately convey to Mburu the Commission’s decision of September 28, 2023.

    Upon revoking Nyandoro’s appointment, the judge directed that anything Nyandoro had done during his six months in office since December 7, 2023, would be deemed valid and lawful except where otherwise established.

    The court’s decision followed activist Aggrey Wafula’s petition challenging Nyandoro’s appointment by PS Korir in November 2023.​​​​​​​​​​​​​​​​

  • Tuju’s Explosive Letter Accuses Supreme Court Judges of Misconduct, Demands Probe Into Top Lawyers

    Tuju’s Explosive Letter Accuses Supreme Court Judges of Misconduct, Demands Probe Into Top Lawyers

    In a scathing open letter addressed to Chief Justice Martha Koome, former Cabinet Secretary Raphael Tuju has leveled grave allegations of judicial misconduct against five Supreme Court of Kenya (SCoK) judges and called for investigations into Senior Counsels Fred Ojiambo and Githu Muigai.

    The letter, dated March 21, 2025, accuses the judiciary of undermining Kenya’s stability through reckless rulings, ethical violations, and collusion with powerful interests.

    Key Allegations Against the Judiciary

    Tuju draws parallels between Kenya’s judiciary and the U.S. Supreme Court’s infamous 1857 *Dred Scott* decision, which entrenched slavery and fueled civil war.

    He warns that the SCoK’s “inflammatory language” in dismissing the 2022 presidential election petition—including phrases like “hot air” and “wild goose chase”—exacerbated ethnic divisions in a “highly combustible” political climate.

    Central to his claims is a protracted legal battle over a 27-acre Karen property, which Tuju alleges is being targeted by “crooked auctioneers” and judges acting in favor of the East African Development Bank (EADB).

    Judges of the Supreme Court of Kenya. Photo/Courtesy.

    He accuses five SCoK judges of issuing a “morally indefensible” ruling permitting the bank to auction his land, arguing that compensation could be paid later if he prevailed.

    “This sets a dangerous precedent,” Tuju writes, likening it to “executing someone now and resurrecting them later if proven innocent.”

    The judges, he claims, further violated due process by blocking his constitutional right to submit a rejoinder and recusing themselves “without precedent” after affidavits central to EADB’s case were recanted.

    Tuju also alleges that four of the seven SCoK judges have been seen in viral videos “exhibiting drunkenness in public,” undermining their credibility as role models.

    Calls to Investigate Senior Counsels

    Tuju urges the Judicial Service Commission (JSC) to probe SC Fred Ojiambo and SC Githu Muigai for “gross professional misconduct.”

    He accuses Ojiambo of fabricating affidavits—now withdrawn and subject to criminal proceedings—while Muigai allegedly engineered a conflict of interest by championing the EADB Act as Attorney General, despite his law firm representing the bank.

    The Act was recently declared unconstitutional by the Machakos High Court on March 20, 2025.

    The letter frames Kenya as a “fragile state” at risk of collapse, citing insecurity in regions like Baringo and Mandera, rampant poverty, and a youth population bulge.

    Tuju warns that an “irresponsible judiciary” could ignite chaos, noting that Kenya ranks 35th on global fragility indices. “The SCoK must not add fuel to the fire,” he writes, emphasizing that judges’ life tenure demands stricter accountability through the JSC.

    Tuju claims to have written three times to Chief Justice Koome, receiving replies that failed to address his allegations.

    Enclosed documents purportedly include evidence of judicial overreach and JSC interference. While the SCoK and accused lawyers have yet to publicly respond, the letter underscores mounting scrutiny of Kenya’s judiciary amid high-stakes political and legal battles.

    Tuju’s letter has coincided with broader unrest with the SCoK.

    Lawyers Nelson Havi and Ahmednasir Abdullahi have filed separate petitions with the JSC to oust all seven justices—Chief Justice Koome, Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko—over allegations of incompetence, misconduct, and corruption.

    Havi, a former Law Society of Kenya (LSK) president, has claimed the judges accepted bribes, including an alleged offer involving Tuju’s Karen property, as posted on X on March 13, 2025.

    Abdullahi, barred from appearing before the SCoK since January 2024 due to his vocal criticism, has rallied 13 lawyers from his firm to demand the bench’s removal.

    The judiciary’s woes have deepened public mistrust. Havi’s petition, filed on January 13, 2025, accuses the SCoK of barring him and Abdullahi without due process, while Abdullahi’s campaign stems from the court’s indefinite ban on his firm, upheld as recently as January 21, 2025.

    Former Chief Justice David Maraga has dismissed these ouster bids as “dishonest” and politically motivated, but the High Court’s extension of orders on March 5, 2025, blocking JSC hearings has only heightened tensions.

    For now, Tuju’s lettee puts JSC under pressure to investigate the judges and Senior Counsels. Meanwhile, Tuju’s case—and his warning that he may not see justice until 2036—spotlights concerns over judicial impartiality and the rule of law in Kenya.

  • Court Issues Warrant for Senior EADB Official Over False Testimony Against Ex-CS Tuju

    Court Issues Warrant for Senior EADB Official Over False Testimony Against Ex-CS Tuju

    A Nairobi court has issued warrant of arrest against a senior official of East Africa Development Bank (EADB) for allegedly giving false information in property dispute involving former Cabinet Secretary Raphael Tuju.

    However, magistrate Dolphina Alego put the warrant in abeyance for 24 hours pending production of on order of the high court that has allegedly stayed the criminal proceedings.

    In the case, Isaac Nyongesa Okwara who is the Chief security officer at EADB is accused of giving false information to detectives of the Directorate of Criminal Investigations (DCI) during the investigation of the case in 2023.

    It is alleged that Okwara mislead a DCI officer into initiating an investigation against Hon. Raphael Tuju in an alleged offence of making false statement by director of a company in facilitating illegal transfer of a mortgaged property.

    The case was registered before court on January 28, 2025, when the intended accused person was to take plea before Chief Magistrate Susan Shitubi.

    However, he did not appear before the court and summons were issued by the court for his appearance before the plea Court today February 11, 2025.

    Okwara was also a no show in court today either his lawyers claiming he is in Uganda leading Tuju’s lawyers to ask for a warrant to be issued.

    In her ruling, Alego said it is not in dispute that Okwara received the summons but chose to dishonor them.

    “Conclusively, application by Senior Counsel Fred Ojiambo has been noted and we await the published order staying the proceedings from Justice Mwita…the warrant of arrest is hereby issued in abeyance for 24 hours against the accused person as we await the stay orders from the High Court,” the court ruled.

    The case will be mentioned on February 12, 2025, at 2pm

  • Tuju’s new role in Uhuru’s Azimio

    Tuju’s new role in Uhuru’s Azimio

    Former Jubilee Party Secretary General Raphael Tuju has been unveiled as the Executive Director of the Azimio la Umoja secretariat.

    His appointment was announced on Wednesday, April 6, by the former prime minister Raila Odinga who is Azimio’s Presidential flag bearer.

    Tuju’s new role will be to coordinate Azimo coalition parties and also to lead the strategic and program teams to ensure the coalition led and financed by President Uhuru Kenyatta win the August 9 General Election with Odinga as the president.

    “….Hon Tuju has decades of experience in politics and government, having served as Member of Parliament, Cabinet Minister and Jubilee Party Secretary General,” a statement by Raila Odinga’s team read in part.

    Tuju who is a former Rarieda MP and Cabinet Secretary without portfolio stepped down from his role at Jubilee SG in February to seek an elective position but has ended up as Odinga’s subordinate.

    But he has not declared the exact elective seat he is interest in and where he is going to vie. Tuju had a stunning record in his one term as Rarieda Mp but lost the seat after falling out with Odinga in the run up to 2007 elections.

    The former MP made the declaration during the Jubilee’s National Delegates Convention (NDC) meeting held at the Kenyatta International Convention Centre (KICC), Nairobi, on February 26.

    Tuju was replaced by Ndaragwa MP Jeremiah Kioni in the same meeting where President Uhuru Kenyatta pleaded with Odinga to give the former SG political support to prevail in the coming elections.

    Uhuru is the leader of Jubilee party which is one of the founding members of the Azimio la Umoja coalition that has the settled on Odinga as its presidential candidate.

    Tuju and Odinga have not been seeing eye to eye since they fell out in 2005 when they both served as Cabinet Ministers in President Mwai Kibaki’s government.

    Raila Odinga who served as the Roads minister then claimed that Tuju would not have made it to Parliament without his support.

    They the remained arch-rivals but tensions between them eased when Odinga and President Kenyatta made peace through the infamous handshake in March 2018.

  • Tuju Edged Out As Murathe Survives Jubilee Onslaught With A Warning But Fail To Endorse Graft Riddled Ngatia For Nairobi Gubernatorial Seat

    Tuju Edged Out As Murathe Survives Jubilee Onslaught With A Warning But Fail To Endorse Graft Riddled Ngatia For Nairobi Gubernatorial Seat

    The colourful Jubilee party NDC that signalled its rebirth has dominated news headlines, but a lot remains unknown on the silent intrigues that ran concurrently with the event.

    After the unveiling of the Jubilee Party’s new leadership at its NDC, reasons have emerged as to why immediate former Secretary-General Raphael Tuju was forced to resign from his position, and quickly replaced with MP Jeremiah Kioni and why Vice Chair David Murathe received a cold-acknowledgement from President Uhuru, even as he retained his position.

    In damming revelations known to party insiders, the decision to replace Raphael Tuju was arrived at following numerous complaints of extortion and bribery among aspirants jostling for the party’s ticket in the coming election – prominently, Nairobi county.

    Among Tuju’s prominent misdeeds are open personal bias and favoritism towards tainted KEMSA suspect and gubernatorial hopeful Richard Ngatia whose candidature for Nairobi has met opposition and ridicule from both residents, and party as well as national leaders.

    In a dramatic move alien to Jubilee party rules, Mr Tuju, as it emerged, had already assured Ngatia that he would sell him the party ticket and had allegedly been promised millions of shillings. However, the party’s top leadership caught wind of Tuju’s nefarious plans and forced him to resign as a way to save face.

    Tuju’s partner in crime, David Murathe, was severely warned against abuse of his position to enrich himself and impose tainted aspirants on a rebranded Jubilee Party.

    In an apparent desperate move to honor the end of his corrupt deal after being stripped off his Secretary General’s position, Tuju still went ahead and in collision with crooked journalists, issued a statement that he, as former Secretary General, had settled on the scandalous Ngatia to be the Jubilee candidate for Nairobi, an announcement that has left the ruling party the subject of sneers and jeers. How dramatic?

    Insiders have also revealed that so desperate was Tuju in his attempts to impose Ngatia has Jubilee’s candidate that he even booked a front-seat for him and attempted to have the MCs introduce him as Jubilee’s candidate – a plan that fell flat on its face.

    Party supporters have been urged to ignore any statements from him and his associates. who are slowly being pushed out of the party in a cleanup exercise coinciding with the rebrand.

  • Ruto And His Allies Want To Eject Raphael Tuju From Jubilee

    Ruto And His Allies Want To Eject Raphael Tuju From Jubilee

    Deputy President William Ruto and his allies have turned their ‘guns’ to Jubilee Party Secretary General Raphael Tuju and want to see him out.

    Ruto’s allies have accused Tuju of working and sharing Jubilee’s political strategy with Former Prime minister Raila Odinga.

    On his defense, The former Rarieda MP, Raphael Tuju rubbished Ruto’s accusations saying that he is simply working to deliver on President Kenyatta’s Agenda.

    In an interview with a local press, Tuju said Ruto and his allies should follow party regulations if they have enough evidence to eject him.

    “There is a laid down procedure of how to remove someone from office. Those with issues should at least file them with the party then allow me to defend myself,” Tuju said.

    According to Tuju, he was in Siaya county over the weekend to commission development projects on behalf of Uhuru and had nothing to do with Raila.

    “I received a phone call from the President asking me to go and represent him. The only thing I did was to read the speech from the President. Now they want to impeach me because of that?” Tuju asked while on an interview with a local press.

    “Initially it was Interior CS Fred Matiang’i who was to go but some changes were made. I was facilitated by State House.” Tuju added.

    “The projects were in Siaya county, Rarieda constituency and therefore the host senator and area MP would automatically attend” Tuju said.

    On Ruto’s side, his political allies have vowed to eject Tuju.

    Faith Gitau, Nyandarua Woman Representative said Tuju is operating under instructions of ‘anti-Ruto’ figures in government and allegedly being used to undermine Ruto’s 2022 Presidential race.

    “He has no business being in our party if he has joined forces with the opposition to undermine the DP who is also our deputy party leader,” Ms Gitau told a local press.

    Another Ruto’s ally John Waluke, the current Sirisia member of Parliament has accused Tuju of taking advantage of the handshake between Uhuru and Raila to undermine Ruto.

    “Raila is an opportunist who is working closely with Tuju to wreck Jubilee. We will not allow this to happen, we know how we campaigned for Jubilee to form the government and the parties that were merged,” Waluke said.

    Naivasha MP Jayne Kihara said that Tuju is is compromised and can no longer be trusted as SG.

    “If he is now comfortable working with Raila after the handshake, then he should just quit rather than advance his political agenda using his position in the party by sharing our strategy to please Raila,” Ms Kihara said.

    “Tuju should stop undermining the unity of our party from within,” said Kapondi.

    “It is very unfortunate that the Secretary General of Jubilee can talk and plan how to incite communities. This is unbelievable,” said Pukose.

    “You cannot be a Secretary General of a party that formed the Government and you are engaging in divisive politics. I tell Raphael Tuju that if you want to engage in divisive politics, you are in the wrong place,” said Didmus Barasa.

    Kapseret MP and the self proclaimed Ruto’s Spokesman Oscar Sudi, accused Tuju and former Vice Chairman David Murathe of having become a liability to Jubilee Party.

    “Tuju and Murathe are rejects who should be removed from the party through elections,” Sudi told a local press.

    “We brought Tuju into Jubilee, not because he had any support, but because we wanted to create a national face for the party. He is now baggage and should be removed,” Sudi added.

    On Saturday, DP Ruto shared a tweet accusing Tuju of turning into a Raila strategist ahead of 2022 Presidential polls.