Former Cabinet Secretary Raphael Tuju is facing the possibility of losing several high-value properties in Nairobi’s upscale Karen area after the High Court declined to immediately stop the execution of a ruling that cleared the way for 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 halt the implementation of a decision delivered on March 9, 2026.
Court Declines Temporary Relief
The earlier ruling struck out Tuju’s amended plaint and lifted interim court orders that had previously barred the respondents from dealing with the disputed properties.
As a result, the respondents — Garam Investment Auctioneers and Knight Frank Kenya — are no longer restrained by court orders from proceeding with actions related to the properties as the legal dispute continues.
Prime Karen Properties at the Centre of Dispute
The case revolves around several high-value assets owned by Tuju’s company. Among them is L.R. No. 1055/165, which hosts Tamarind at Dari Business Park, a well-known restaurant located along Ngong Road.
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Another property at the center of the dispute is L.R. No. 11320/3, home to Entim Sidai Wellness Sanctuary, a luxury wellness and hospitality facility.
Tuju Seeks Urgent Court Intervention
Following the March 9 ruling, Tuju returned to court through an application dated March 11 seeking urgent orders to stop the execution of the decision and to obtain permission to appeal.
In the application, Tuju argued that the respondents were now free to auction, transfer, or otherwise dispose of the properties through what he described as an irregular and unlawful process.
He warned that unless the court intervened urgently, any planned appeal would be rendered meaningless if the properties were sold before the appellate court could hear the matter.
Judge Certifies Application as Urgent
However, Justice Mong’are only certified the application as urgent but declined to issue temporary orders stopping the execution of the ruling.
Instead, the judge 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 the interim stay orders, the court granted Tuju leave to appeal the March 9 decision that struck out the amended suit.
Earlier Orders Vacated
The earlier ruling also vacated orders issued on October 28, 2024, which had restrained the respondents, their agents, or employees from advertising, attaching, selling, or otherwise interfering with the ownership of the Karen properties.
Tuju had argued that the intended appeal raises significant legal questions, including claims that the court failed to determine a pending contempt application accusing the respondents of violating earlier court orders.
Next Court Mention
The matter will now be mentioned on March 17, 2026, before the presiding judge of the division, who will determine the next steps regarding Tuju’s application and the intended appeal.
