NAIROBI, Kenya, Mar 12 — Former Cabinet Secretary Raphael Tuju is facing the possibility of losing several high-value properties in the upscale Karen area after the High Court declined to immediately halt the execution of a ruling that allows the assets to be auctioned.
In directions issued at the Milimani Law Courts, Justice Josephine Wambui Mong’are declined to grant interim orders sought by Tuju and his company, Dari Limited, which had asked the court to temporarily stop the implementation of a decision delivered on March 9, 2026.
The March 9 ruling struck out Tuju’s amended plaint and lifted earlier interim orders that had barred the defendants from taking action over the disputed properties.
With those orders vacated, the respondents — Garam Investment Auctioneers and Knight Frank Kenya — are no longer restricted by court orders from proceeding with actions related to the assets while the case continues.
The dispute involves several prime properties in Nairobi, including L.R. No. 1055/165, which hosts Tamarind at Dari Business Park, and L.R. No. 11320/3, home to Entim Sidai Wellness Sanctuary.
Following the striking out of his amended suit, Tuju returned to court through an application filed on March 11 seeking urgent orders to stop the implementation of the ruling and to obtain permission to appeal.
In his application, Tuju argued that the respondents were now free to auction, transfer, or otherwise dispose of the properties in what he described as an irregular and unlawful process.
He warned that if the properties were sold before his appeal is heard, the appeal itself would be rendered meaningless.
Justice Mong’are certified the application as urgent but declined to issue temporary orders stopping the execution of the earlier ruling.
Instead, she directed Tuju to serve the application on the respondents and ordered that the matter be mentioned before the presiding judge of the division on March 17, 2026 for further directions.
“Since this court is on transfer, let the application be served and be mentioned before the presiding judge of the division on 17/3/2026 for directions,” the judge ruled.
Despite declining to halt the auction process, the court granted Tuju leave to appeal the March 9 decision that struck out the amended plaint.
The earlier ruling had also vacated orders issued on October 28, 2024, which had barred the respondents and their agents from advertising, attaching, selling, or otherwise interfering with the ownership of the Karen properties.
Tuju has argued that his intended appeal raises significant legal issues, including claims that the court failed to determine a pending contempt application accusing the respondents of violating earlier court orders.
The case will now return to court on March 17 when the presiding judge will give further directions on the application and the planned appeal.
