Nairobi — The Judiciary has cautioned against public discussions on the ongoing legal battle between Dari Limited and the East African Development Bank (EADB), urging all parties to allow the courts to handle the matter.
In a statement, Judiciary Spokesman Paul Ndemo emphasised that the case remains before competent courts and should not be litigated in the media or on social platforms.
"In accordance with the sub judice rule--which upholds the rule of law and the due administration of justice--these issues should be left for judicial determination," the Judiciary Spokesman said.
The Judiciary noted that recent public remarks by former Cabinet Secretary Raphael Tuju in a radio interview on the matter were misleading and reiterated the need for responsible reporting.
Protracted Legal Battle
The dispute has been at the centre of litigation across multiple jurisdictions. The case began in the High Court of Justice, Business and Property Courts of England and Wales, which on June 19, 2019, ruled in favour of EADB, ordering Dari Limited and its guarantors to settle outstanding claims.
Following the ruling, EADB applied to the High Court in Kenya for recognition and enforcement of the UK judgment. On January 7, 2020, the Kenyan High Court granted the application, recognising and registering the UK judgment, making it enforceable in Kenya.
Dari Limited challenged this decision but suffered a series of legal setbacks. On February 13, 2020, the High Court dismissed an attempt to overturn the ruling. The company then took the matter to the Court of Appeal, which upheld the High Court's decision on April 20, 2023.
Dari Limited later escalated the case to the Supreme Court of Kenya, seeking to challenge the rulings of the lower courts.
As the Supreme Court prepared to hear the appeal, Dari Limited lodged a complaint with the JSC, alleging bias among the judges. The allegations led to the recusal of the Supreme Court bench, effectively leaving the Court of Appeal's decision in force.
Despite these rulings, Dari Limited continued to pursue legal avenues to block EADB's enforcement actions. In September 2024, the company sought a High Court order to stop the auction of disputed properties, but the application was dismissed on September 30, 2024.
Separately, in July 2021, Dari Limited filed a reference before the East African Court of Justice (EACJ), arguing that EADB's actions violated the fundamental principles of the East African Community Treaty. The case remains pending before the regional court.
EADB Responds to Allegations
The East African Development Bank (EADB) has strongly rejected recent allegations made against its lending operations during a live radio talk show in Nairobi on the morning of Monday, March 24, 2025.
In a statement, the bank said, "The East African Development Bank (EADB) takes great exception at comments and allegations made in an interview during a live radio talk show in Nairobi, Kenya in the morning hours of Monday, March 24, 2025, touching on its lending operations."
The bank reaffirmed that all its activities are governed by the rule of law and adhere strictly to governance principles that regulate banking operations across its four member states.
"As such, all loan facilities advanced by the bank to its customers are subjected to rigorous processes across board without favouritism to individuals or institutions based on rank or profile," EADB stated.
While declining to comment on certain claims due to ongoing court proceedings, the bank expressed confidence that the facts, as presented in court, would stand, citing prior rulings in its favour in the UK and Kenyan courts.
"This notwithstanding, the bank urges the Fourth Estate to exercise its duty to objectivity - the bedrock upon which the profession is founded - by counterchecking claims made on the bank's operations against available facts, which we are ready to offer whenever requested," the statement added.
Tuju's Open Letter to CJ Koome
The JSC's statement follows an open letter from Tuju to Chief Justice Martha Koome, in which he accused the Supreme Court of Kenya (SCoK) of bias, judicial misconduct, and setting dangerous precedents.
Dated March 21, 2025, the letter comes amid heightened tensions, with calls mounting for the removal of the Supreme Court bench.
Tuju, who is embroiled in a high-profile land dispute in Karen, alleges that five Supreme Court judges have issued rulings that favour wealthy financial institutions at the expense of justice.
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According to Tuju, the rulings in question open the door for banks to auction his property without following proper legal procedures.
"The law cannot be the foundation of morality; it is the other way round, your Honour. Morality is the foundation of a good law," the letter reads.
He further accuses the judges of blatant bias, stating that they have ruled in favour of a bank even when the bank did not explicitly request such decisions.
Tuju also raises concerns about the personal conduct of some Supreme Court judges, alleging that four out of seven justices have been seen in public exhibiting drunken behaviour, questioning their integrity and professionalism.
"In the public domain, some four out of seven SCoK judges have a reputation for exhibiting drunkenness in public. If you are in doubt, I can send you some videos currently circulating on social media," Tuju claims in the letter.
The JSC has now issued a firm reminder that all parties must respect the judicial process and refrain from making public comments that could interfere with the administration of justice.
