Raphael Tuju back in court in fight to keep his Ksh.4.3 billion estate

Former Jubilee Party Secretary General Raphael Tuju is back in court in a last minute fight for his Ksh.4.3 billion estate in Karen, Nairobi.

The one-time powerful Cabinet Secretary owns a vast commercial property in the luxurious Karen estate that is now a subject of a protracted six-year court battle.

Tuju’s legal team led by lawyer Paul Nyamodi have moved to the High Court seeking a review of the case that was nearing its conclusion.

“It is in the interest of justice that this honorable court compels David Washington Barnabas Ochieng to appear before this court for cross examination following the discrepancies in the witness statements,” lawyer Nyamodi submitted, according to court papers.

Tuju is in a legal battle with the East African Development Bank (EADB) over a Ksh.2.2 billion loan for the expansion of the said Karen property.

He is however questioning whether the money was to buy land or EADB simply approved a project and released the billions of shillings without knowing where the repayment would come from.

The witness that Tuju’s lawyers want to be cross-examined is the country director who is a representative of the EADB in Kenya, and who had initially sworn affidavits against him.

He however recanted his statements with the Directorate of Criminal Investigations (DCI), prompting Tuju’s lawyers to seek an immediate review of the case based on the new revelations.

They argue that the recantation of evidence will reveal more in the case, while warning that lying before court amounts to perjury and is punishable by law.

Documents filed at the Milimani Law Courts also read; “It is in the interest of justice to compel Investigating Officer Abdullahi Shuria to appear before this court for cross examination to ascertain the validity or otherwise of the said witness statements.”

The East African Development bank had loaned Tuju Ksh.2.2 billion, and has now entrusted Dari Hotel to PricewaterhouseCoopers as a receiver manager.

The high-end hotel in Karen is currently being managed by Tamarind, with Tuju estimating its value at Ksh.4.3 billion.

Also wanted back in court is audit firm KPMG that had initially valued the Karen property on behalf of EADB and approved it for payments.