Rights group defends Tuju as courts clear way for Sh4.5bn property auction

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A grassroots human rights movement has condemned the forced auction of properties linked to former Cabinet Secretary Raphael Tuju, arguing the process amounts to persecution rather than justice.

This is even as courts have confirmed that the debt recovery is legally sound.

Mtetezi National Convenor Francis Awino, speaking on behalf of the self-described economic justice movement, said no Kenyan should be stripped of their livelihood in a manner that appeared punitive, regardless of political affiliation.

"Justice must never look like persecution," Awino said.

The statement comes as more than 50 officers from the Rapid Response Unit stormed Dari Business Park in Karen, forcing staff to leave and sealing the gates, part of a debt recovery push by the East African Development Bank (EADB).

The High Court, in a ruling delivered on March 9, struck out an application by Dari Limited and Tuju seeking to block the auction of two Karen properties, Entim Sidai Wellness Sanctuary and Tamarind Karen, as well as Dari Business Park.

The dispute stems from a Sh1.5 billion loan the EADB granted to Tuju, which the bank says he defaulted on.

The bank is now seeking to recover more than Sh4.5 billion through the sale of the charged properties.

Courts at multiple levels have sided with the bank. The Supreme Court dismissed Tuju's appeal in 2023, with justices ruling that he had failed to provide evidence to substantiate his allegations.

Justice Mong'are was pointed in her March 9 ruling, describing Tuju's latest court application as "a blatant abuse of court process, meant to frustrate lawful recovery efforts after years of default and litigation."

Tuju has since secured leave to appeal the March 9 ruling, with the matter set for mention before the Commercial and Tax Division on March 17.

However, the court declined to grant interim orders halting the auction pending that hearing, leaving auctioneers free to act.

Awino, whose statement does not refer to the debt or the decade-long court battle Tuju has waged, framed the matter solely as a rights question.

"Human rights are not selective. They apply even to those we disagree with politically. The true test of a society governed by law is how it treats individuals when they are most vulnerable," Awino said.

Tuju, speaking at the disputed Dari Business Park, vowed to remain on the premises, declaring auctioneers would have to "kill him first" before evicting him.