Questions have emerged after an application filed by former Cabinet Secretary Raphael Tuju at the Court of Appeal of Kenya reportedly disappeared from the court’s cause list despite earlier indications that it would be heard on Monday morning.
Lawyers representing Tuju say they arrived in court prepared for the hearing scheduled for 9 a.m., only to be informed by registry officials that the matter was not listed.
Tuju’s lawyers question disappearance of application
Speaking to reporters, Tuju’s lawyer Grado Mabachi said the legal team had received official communication indicating that the matter would be heard.
However, upon arrival at the court, registry officials informed them that the application did not appear on the day’s cause list.
“This matter was supposed to be heard at 9AM. We had official communication from the judiciary, but the people at the registry said it’s not in the cause list. They told us they would let us know, yet my client has pressing issues,” Mabachi said.
The unexpected development has created uncertainty around Tuju’s efforts to challenge a recent High Court decision that allowed enforcement action against him.
Case linked to eviction threat
The application filed at the Court of Appeal of Kenya seeks permission for Tuju to appeal a ruling issued by Justice Joyce Mongare of the High Court of Kenya.
In that ruling, the court cleared the way for auctioneers to proceed with eviction from property linked to Tuju, part of an ongoing legal battle involving a major financial dispute.
Tuju is seeking the appellate court’s intervention to halt enforcement actions while he pursues an appeal.
Long-running dispute with East African Development Bank
The case arises from a protracted financial dispute between Raphael Tuju and the East African Development Bank.
The dispute involves a multi-billion-shilling debt linked to properties associated with Tuju’s company, which the bank has sought to recover through enforcement proceedings.
Tuju has consistently argued that the process surrounding the enforcement of the disputed properties has been irregular and legally questionable.
Tuju alleges political pressure
The former Cabinet Secretary has also previously claimed that powerful interests are attempting to take control of his assets, allegations that have drawn political attention to the dispute.
Tuju has further complained about intimidation and alleged state involvement, claims that have intensified scrutiny over the high-profile case.
Lawyers await clarification from judiciary
By Monday morning, Tuju’s legal team said they were still waiting for clarification from the judiciary registry about why the application disappeared from the cause list and when the matter might be scheduled for hearing.
The development has raised questions about the handling of the case as Tuju continues his legal battle over the disputed properties.
