Judiciary defends March 9 ruling in Tuju-Dari property case

In the statement dated Wednesday, March 18, 2026, the Judiciary said the dispute stems from attempts by lenders and related parties to realise securities over two properties owned by the plaintiffs following a long-standing debt obligation.

It said the plaintiffs moved to the High Court seeking, among other orders, injunctions to stop the auction and transfer of the properties pending the determination of the suit. The court initially issued interim orders to preserve the properties, but the defendants challenged the High Court’s jurisdiction and the propriety of the proceedings.

The Judiciary said the court found the dispute had a protracted litigation history, including a final judgment by the High Court of Justice in England and Wales in 2019 requiring repayment of over USD 15 million under a financing agreement.

It said the judgment was recognised and enforced by the Kenyan High Court in 2020, upheld by the Court of Appeal in 2023, and that the Supreme Court declined to grant interim relief to halt enforcement.

The statement said the court also noted that earlier efforts by the plaintiffs to obtain similar injunctive orders had been dismissed by the High Court in 2024.

As a result, the court held that the plaintiffs’ latest application for an injunction was barred by the doctrine of res judicata, meaning the issues had already been conclusively determined by competent courts.

“The Court found that reintroducing substantially similar claims, even if framed in constitutional terms, amounted to an attempt to re-open concluded matters and constituted an abuse of the court process,” the Judiciary said.

The court struck out the amended plaint and the injunction application, and discharged interim orders that had restrained the realisation of the properties. The Judiciary said the plaintiffs have since filed an appeal at the Court of Appeal.

Judiciary spokesperson Paul Ndemo urged restraint and asked parties to allow the appellate court to determine the matter without parallel discourse that may prejudice the process.