Judiciary warns Tuju against public comments on Dari Ltd, EADB case

The Judiciary has called out former Cabinet Secretary Raphael Tuju, urging him to stop making public statements regarding an ongoing court case involving a company linked to him and a financial institution.  

In a statement, Judiciary spokesperson Paul Ndemo warned Tuju against attempting to influence public opinion on the legal battle between Dari Limited and the East African Development Bank (EADB), a matter he says is before competent courts and the Judicial Service Commission.

“In accordance with the sub judice rule — which upholds the rule of law and the due administration of justice — these matters should be left for judicial determination and resolution by the JSC,” the statement read in part.  

“We urge all parties to refrain from litigating their cases through the media or on social media platforms,” Ndemo added.  

The dispute stems from a 2019 UK court ruling that ordered Dari Limited and its guarantors to repay a loan obtained from EADB, which now seeks to auction the company's assets.

The High Court ratified the judgment, and the Court of Appeal upheld the decision, effectively greenlighting the foreign court's ruling.  

However, Dari Limited’s appeal at the Supreme Court has stalled following a quorum hitch after judges recused themselves from the case. 

This came after Tuju accused them of bias in a formal complaint lodged with the Judicial Service Commission (JSC).  

“In light of the seriousness of the allegations, the bench of the Supreme Court recused itself from the appeal. As a result, the judgment of the Court of Appeal remains in force,” the Judiciary noted.  

On Tuesday, March 25, 2025, Tuju presented what he termed "evidence of misconduct" against the judges to the Ethics and Anti-Corruption Commission (EACC) for investigation.

However, Tuju declined to disclose the content of his claims, insisting he was keen to "uphold the dignity" of the judges and avoid "scandalising" state officers.  

“I never requested for the removal of judges. I presented my case to JSC but the judges are blocking JSC from getting their responses through court orders,” Tuju lamented.  

Last week, Tuju penned an open letter to Chief Justice Martha Koome, reiterating his allegations.

He maintains that his grievances are genuine, claiming they reflect the lived experiences of ordinary Kenyans seeking justice in the courts, firmly denying any political motivation.